sdj-50th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FIFTIETH DAY
____________

Charleston, W. Va., Wednesday, February 28, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Robert Barley, Maple Fork Baptist Church, Maple Fork, West Virginia.
Pending the reading of the Journal of Tuesday, February 27, 2007,
On motion of Senator Boley, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 376, Assessing fee for processing scientific collecting permits.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2020--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22A-1-40, relating to notice of hazardous chemicals, substances, materials and lead exposure to employees of mine operators; requiring Director of Miners' Health, Safety and Training to adopt a list of hazardous substances by rule and to compile and provide safety information regarding hazardous substances; and providing a criminal penalty for violations.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2027--A Bill to amend and reenact §14-2A-3 of the Code of West Virginia, 1931, as amended, relating to the crime victims compensation program; allowing awards under the crime victims compensation program to be made to victims of identity theft; and definitions.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2007, of
Eng. Com. Sub. for House Bill No. 2070--A Bill to amend and reenact §5-16-2, §5-16-5, §5-16-7 and §5-16-25 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16D-1 and §5- 16D-6 of said code; and to amend and reenact §18A-1-1 of said code, all relating to Public Employees Insurance Agency; expanding insurance coverage eligibility to include certain substitute employees; requiring continued insurance coverage for Medicare eligible retired employees; removing limits on reserve fund balances; modifying treatment of certain portions of required employer annual payments; modifying certain employer annual required contribution provisions; and deleting obsolete provisions.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2007, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2187--A Bill to amend and reenact §18-5-19c of the Code of West Virginia, 1931, as amended, relating to Division of Technical and Adult Education Services; programs; legislative findings; providing payment of General Educational Development exam fees for certain individuals; eligibility requirements; and requiring State Board of Education rule.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2223--A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to concealed weapons generally; clarifying the scope of a concealed weapons permit; and restricting public access to concealed weapons permit records.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2309--A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-6, §5B-2E-7, §5B-2E-8, §5B-2E-9 and §5B-2E-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5B-2E-7a, all relating to Tourism Development Act tax credits; providing definitions; making certain entities ineligible for the credit; modifying total amount of tourism development project tax credit available on or near reclaimed surface mining operation; setting certain deadlines; modifying total amount of tourism development project tax credit available during calendar years; creating a tourism development expansion project credit; implementing a one million five hundred thousand dollar tax credit maximum availability for tourism development expansion projects; authorizing the promulgation of rules to establish a tourism development expansion project application process; and establishing a termination date for action on applications for tourism development projects and validity of such projects not previously approved.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2342--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to the West Virginia Military Family Relief Fund; establishing an income tax checkoff on individual tax returns for contributions to the fund; creating the fund; and authorizing the Department of Military Affairs and Public Safety to promulgate rules to establish eligibility for grants from the fund.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2406--A Bill to amend and reenact §19-23-3 of the Code of West Virginia, 1931, as amended, relating to providing that in the event a yearling was born in another state and transported to this state, the definition of "raiser of an accredited West Virginia horse" does not apply to any pari-mutuel racing facility in Jefferson County; and providing for a five-year sunset provision relative to the applicability of this definition at any pari-mutuel racing facility in Ohio County.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2558--A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-3-2 of said code, all relating to the donation of surplus computers; authorizing Chief Technology Officer to create and establish donation program to public schools and low- income school children; encouraging collaboration with certain agencies and private industries; exempting state computers to be donated from certain procedures relating to the disposition of surplus property; and expanding number of higher education institutions authorized to create computer and computer equipment donation programs.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2714--A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to parking areas designated for use by persons with a mobility impairment; removing the requirement that certain parking areas be provided without cost; authorizing chiropractor, advances nurse practitioner or physician's assistant to verify impairment for the purpose of the issuing of license plates or place cards; removing certain persons from eligibility for placards and plates; amending and adding definitions; limiting the ability of certain organizations from parking in designated spaces; requiring certain markings in designated parking areas; increasing the fine for first offense parking violation; and removing certain rule-making requirements.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2746--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-6A-1, §5A-6A-2, §5A-6A-3, §5A-6A-4 and §5A- 6A-5, all relating to the establishment of the Connectivity Advisory Commission; providing definitions; establishing qualifications for membership; establishing terms of office; setting forth powers and duties; confidentiality of proprietary information; and continuing the commission.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2775--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-3b; and to amend and reenact §17A-3-4 of said code, all relating to the taxation of vehicles; an exemption for new residents of this state from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased and the vehicle was properly titled in the applicant's previous state or jurisdiction of residence; elimination of the five percent tax for privilege of certification of title; imposition of a five percent tax on the sale and use of motor vehicles; and exemptions.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2808--A Bill to amend and reenact §17A-7-2 of the Code of West Virginia, 1931, as amended, relating to one-trip permits issued by the State Police; increasing the fee for issuance; and providing that the State Police retain a portion of the fee for administration and enforcement.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2007, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2826--A Bill to amend and reenact §18A-4-2a and §18A-4-2b of the Code of West Virginia, 1931, as amended, all relating to state minimum salary supplement for achieving certain national certification; legislative findings; expanding eligibility for supplement payments and fee and expense reimbursement; increasing supplement amount for certain individuals; clarifying duration of supplement in certain circumstances; and requiring State Board of Education rule.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2844--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to malicious assault, unlawful assault, battery and recidivism of battery on a police officer; including malicious assault, unlawful assault, battery and recidivism of battery on a Public Service Commission weight enforcement officer as a crime; and providing criminal penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2926--A Bill to amend and reenact §48-27-401 of the Code of West Virginia, 1931, as amended, relating to domestic violence protective orders; providing for the development of rules by the Supreme Court of Appeals regarding the provision of notice to the parties, law enforcement and the domestic violence registry when a domestic violence protective order is extended by the reopening of or filing of certain civil actions between the parties; and providing that a party's right to a domestic violence order is not affected by the entry of a procedural order in a separate domestic relations action between the parties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2931--A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to providing for the payment of tuition and fees for members of the West Virginia Army National Guard and West Virginia Air National Guard enrolled in graduate study.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2938--A Bill to amend and reenact §30-29-1 and §30-29-5 of the Code of West Virginia, 1931, as amended, all relating to motor carrier inspectors and weight enforcement officers of the Public Service Commission; including motor carrier inspector and weight enforcement officers employed by the Public Service Commission in the definition of law-enforcement officer; and requiring certification as a law-enforcement officer of persons hired as motor carrier inspectors and weight enforcement officers after the first day of July, two thousand seven.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2986--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14, relating to requiring hospitals, extended care facilities operated in connection with a hospital, ambulatory health care facilities, or ambulatory surgical facilities, freestanding or operated in connection with a hospital, licensed in the State of West Virginia to provide public notice of such hospital's or facility's intent to terminate operations; and requiring that the notice be at least three weeks prior to such termination of operations.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3056--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-30, relating to authorization for pharmacists to administer immunizations, setting forth limitations on those immunizations as to type of immunizations and age of the recipient; requiring the board to establish or identify courses on vaccine administration; establishing treatment guidelines, including for adverse reactions; requiring pharmacists to complete board approved vaccine administration course; requiring the board to propose legislative rules; and providing that a pharmacist may not delegate the authority to administer vaccines.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3074--A Bill to amend and reenact §61-7-4 and §61-7-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-6a, all relating to the carrying of concealed weapons; clarifying the scope of a concealed weapons permit; amending reciprocity requirements; authorizing the Attorney General to investigate and execute reciprocity agreements with other states pertaining to the mutual recognition of permits or licenses to carry concealed handguns; setting forth minimum standards which must be met before such reciprocity agreements may be executed; clarifying the scope of valid out-of-state permits that may be recognized in West Virginia; establishing a registry of states with which West Virginia has entered into reciprocal agreements; and requiring the State Police to provide the public with a list of the states which have entered into reciprocity agreements.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3075--A Bill to amend and reenact §16-9A-2 and §16-9A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §16- 9A-10 and §16-9A-11, all relating to restricting minor children's physical access to tobacco products; restricting purchases by persons on behalf of minor children; prohibiting minor children's use of false identification; requiring posting of certain notices to discourage attempted purchases by minor children; prohibiting out-of-package sales of cigarettes; and providing penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3093--A Bill to amend and reenact §16-30-4 of the Code of West Virginia, 1931, as amended, relating to providing a form for a combined medical power of attorney and living will.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3094--A Bill to amend and reenact §61-10-15 of the Code of West Virginia, 1931, as amended, relating to prohibiting county and district officers, teachers and school officials from having a pecuniary interest in certain contracts.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3141--A Bill to amend and reenact §11-3-5 of the Code of West Virginia, 1931, as amended, relating to whom assessors may issue proof of payment of personal property taxes.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3145--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5, §11-13W-6, §11-13W-7, §11-13W-8, §11-13W-9, §11-13W-10, §11-13W-11, §11-13W-12 and §11-13W-13, all relating to activities of the film industry in West Virginia; creating a tax credit on direct production and post production expenditures directly related to the production of film or commercial audiovisual products; requiring approval of the West Virginia development office; and providing for reports of the cost effectiveness of the credits and recommendations for the expansion of the film industry in West Virginia.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3161--A Bill to amend and reenact §61-3-45 of the Code of West Virginia, 1931, as amended, relating to the theft of oil, natural gas, water, telecommunications and electric service; and providing for the additional payment of restitution with penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3164--A Bill to repeal §5- 16-7b of the Code of West Virginia, 1931, as amended; to repeal §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7, §5-16C-8, §5-16C-9, and §5-16C-10 of said code; to repeal §5A-3-1a of said code; to repeal §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17 of said code; and to amend said code by adding thereto a new article, designated §16-43-1, §16-43-2, §16- 43-3, §16-43-4, §16-43-5, §16-43-6, §16-43-7, §16-43-8, §16-43-9, §16-43-10, §16-43-11, §16-43-12, §16-43-13, §16-43-14, §16-43-15, §16-43-16, §16-43-17 and §16-43-18, all relating generally to pharmaceutical availability and affordability; legislative findings; defining certain terms; creating the position of the Pharmaceutical Advocate; continuing the West Virginia Pharmaceutical Cost Management Council; establishing powers and duties; exempting the Pharmaceutical Advocate from state purchasing requirements; authorizing the Pharmaceutical Advocate to take advantage of acts of Congress, accept gifts, grants and matching funds; continuing interim agency management ability; requiring manufacturers and labelers to report certain marketing, advertising, and promotional costs to the Pharmaceutical Advocate; requiring participation by all state agencies who are payors for prescription drugs; providing authority for the secretary of each department to cooperate with the Pharmaceutical Advocate in the purchase of prescription drugs; authorizing the Pharmaceutical Advocate to establish programs permitting participation in a preferred drug list by private individuals, commercial insurance carriers and self-insured companies; providing some protections for pharmacists; establishing criminal and civil penalties for restraint of trade; and providing for rule-making authority.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2007, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3166--A Bill to amend and reenact §17A-3-4 of the Code of West Virginia, 1931, as amended, relating to the taxation of vehicles; an exemption for new residents of this state from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased and the vehicle was properly titled in the applicant's previous state or jurisdiction of residence; elimination of the five percent privilege tax on the certificate of title; and an exemption for cars used for Head Start in community action agencies.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3180--A Bill to amend and reenact §23-5-9 of the Code of West Virginia, 1931, as amended, relating to the granting of workers' compensation benefits on review or appeal; requiring the prompt implementation of any benefit award of workers' compensation granted by an administrative law judge's decision, unless stayed by the administrative law judge or the Board of Review; establishing appropriate standards of review for any stay request; and referencing the proper mechanism for handling any overpayment which may result if a favorable decision granting benefits is subsequently reversed.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3194--A Bill to amend and reenact §7-8-14 of the Code of West Virginia, 1931, as amended, relating to determining defendants' ability to pay costs of incarceration be done at time of sentencing.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3228--A Bill to amend and reenact §61-8B- 10 of the Code of West Virginia, 1931, as amended, relating to providing that it is a crime for home confinement officers to engage in sexual intercourse or sexual intrusion with persons incarcerated; defining the phrase "incarcerated in this state" to include home confinement subject to the Home Incarceration Act; and providing penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3229--A Bill to amend and reenact §38-14-4 and §38-14-5 of the Code of West Virginia, 1931, as amended, all relating to self-service storage liens; late fees; and enforcement.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3270--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §44-4-12a, relating to the compensation and expenses of fiduciaries.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3271--A Bill to amend and reenact §36-1-18 of the Code of West Virginia, 1931, as amended, relating to clarifying spendthrift trusts.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3272--A Bill to the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §44B- 1-104a, relating to total return unitrusts.
Referred to the Committee on the Judiciary.
Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed Senate Bill No. 64 and Engrossed House Bill No. 2216.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 21, Restricting licensee's work until adverse judgment satisfied.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 21) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 64, Expanding Route 2 and Interstate 68 Authority territory.
Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 67, Relating to school access safety generally.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 Com. Sub. for S. B. No. 67) 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 Senate Bill No. 82, Creating Eyewitness Identification Reform Act.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Green, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motions of Senators Green and Oliverio, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §62-1E-1, §62-1E-2, §62-1E-3 and §62-1E-4, all to read as follows:
ARTICLE 1E. EYEWITNESS IDENTIFICATION REFORM ACT.
§62-1E-1. Definitions.

For the purposes of this article:

(1)"Eyewitness" means a person whose identification of another person may be relevant in a criminal proceeding.
(2)"Lineup" means a live or photographic array of persons of similar appearance.
(3)"Lineup administrator" means the person who conducts a lineup.
(4)"Live lineup" means a procedure in which a group of people is displayed to an eye witness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.
(5)"Photo lineup" means a procedure in which an array of photographs is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.
§62-1E-2. Recommended eyewitness identification procedures.
(a)The Legislature recommends that for a period of two years from the effective date of this article, lineups conducted by state, county and local law-enforcement officers be performed as follows:
(1)Where practicable, the lineup administrator shall be a person who does not know which person in the lineup is the suspect.
(2)Before a lineup, the eyewitness should be given the following four instructions: (i) That the lineup administrator does not know which person is the suspect (this instruction is to be given even when the lineup administrator knows which person is the suspect); (ii) that the perpetrator might or might not be present in the lineup; (iii) that the eyewitness is not required to make an identification; and (iv) that it is as important to exclude innocent persons as it is to identify the perpetrator.
(3)Individuals in the lineup should be presented sequentially, not simultaneously. However, if for any reason the lineup administrator knows which person in the lineup is the suspect, the lineup must be presented simultaneously, not sequentially.
(b) Law-enforcement officers should make a written record of a lineup, including the following information:
(1)The date, time and location of the lineup.
(2)The names of every person in the lineup and all other persons present at the lineup.
(3)The words used by the eyewitness in any identification, including words that describe the eyewitness' certainty or uncertainty in the identification.
(4)

Whether it was a photo lineup or live lineup.

(5)The number of photos or individuals that were presented in the lineup.
(6)Whether the lineup administrator knew which person in the lineup was the suspect.
(7)Whether before the lineup, the eyewitness was instructed that the perpetrator might or might not be presented in the lineup, and also whether the eyewitness was instructed that the lineup administrator did not know the identity of the suspect.
(8)Whether the lineup was simultaneous or sequential.
(9)The signature of the eyewitness.
(10) A video of the lineup and the eyewitness' response may be included.
§62-1E-3. Training of law-enforcement officers.
The Superintendent of State Police may create educational materials and conduct training programs to instruct law-enforcement officers and recruits how to conduct lineups in compliance with this section.
§62-1E-4. Mandatory implementation date.
Notwithstanding the provisions of section one of this article, the recommendations contained therein, shall become required of such law-enforcement agencies on the first day of July, two thousand eight.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 82 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sprouse--1.
Absent: Sharpe--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 S. B. No. 82) passed.
On motions of Senators Green and Oliverio, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 82--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-1E-1, §62-1E-2, §62-1E-3 and §62-1E-4, all relating to recommending procedures proposed by the United States Department of Justice to improve the reliability of eyewitness' identification in criminal matters; defining terms; authorizing training for law-enforcement officers; and providing mandatory implementation date.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sprouse--1.
Absent: Sharpe--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 S. B. No. 82) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 203, Creating Purchasing Improvement Fund.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Chafin, the following amendment to the bill was reported by the Clerk and adopted:
On page seven, section ten-d, after line twenty-seven, by inserting a new subsection, designated subsection (c), to read as follows:
(c) Within three days of receiving rebate moneys resulting from state spending unit purchasing card purchases, the Auditor shall transfer fifteen and one-half percent of such rebate moneys to the Hatfield-McCoy Regional Recreation Authority.
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 203 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 203) passed.
On motion of Senator Chafin, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 203--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-58; and to amend and reenact §12-3-10a, §12-3-10d and §12-3-10e of said code, all relating to the state Purchasing Card Program; creating the Purchasing Improvement Fund; authorizing use of purchasing cards for regular routine payments, travel and emergency purchases and cash advances for travel purchases; authorizing expenditures from the Purchasing Card Administration Fund to pay expenses related to the use of the card and the general operation of the Auditor's office; providing expenditure from the fund for the Hatfield-McCoy Regional Recreation Authority; and adding members to the Purchasing Card Advisory Committee.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 278, Authorizing Department of Health and Human Resources promulgate legislative rules.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 27, 2007, for amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar.
Eng. Senate Bill No. 331, Providing circuit judge sentencing discretion on certain youthful offenders.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 331) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 331) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 337, Establishing greenhouse gases inventory program.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--27.
The nays were: Deem, Guills, Hall, McKenzie, Sprouse and Sypolt--6.
Absent: Sharpe--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 Com. Sub. for S. B. No. 337) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 371, Exempting certain professional services from consumers sales and service tax.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Sypolt and Unger--2.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 371) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 392, Assessing value of livestock killed by bears.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 400, Appointing additional circuit court judges.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 400 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Edgell, Fanning, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, White, Yoder and Tomblin (Mr. President)--26.
The nays were: Deem, Facemyer, Foster, McCabe, Sprouse, Unger and Wells--7.
Absent: Sharpe--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 Com. Sub. for S. B. No. 400) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Edgell, Fanning, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, White, Yoder and Tomblin (Mr. President)--26.
The nays were: Deem, Facemyer, Foster, McCabe, Sprouse, Unger and Wells--7.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 400) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Yoder regarding the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 400 were ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for Senate Bill No. 425, Relating to Water Pollution Control Revolving Fund loans.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 425) 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 Com. Sub. for Senate Bill No. 465, Establishing Dam Safety Rehabilitation Revolving Fund.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 465) 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 Senate Bill No. 521, Relating to civil penalties issued for criminal and civil violations in Hatfield-McCoy Regional Recreation Area.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 523) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 541) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 523, Consolidating and eliminating certain Division of Motor Vehicles' fees.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 521) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 523) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 541, Relating to public school finance.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 541 pass?"
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Wells, White and Tomblin (Mr. President)--29.
The nays were: Barnes, Hunter, Unger and Yoder--4.
Absent: Sharpe--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 S. B. No. 521) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Wells, White and Tomblin (Mr. President)--29.
The nays were: Barnes, Hunter, Unger and Yoder--4.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 541) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 2 p.m.
Upon expiration of the recess, the Senate reconvened and resumed business under the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 544, Relating to parental notification requirements for unemancipated minors obtaining abortions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 544 pass?"
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--28.
The nays were: Foster, McCabe, Wells and Yoder--4.
Absent: Bailey and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 544) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator McCabe, and by unanimous consent, the remarks by Senator Foster regarding the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 544 were ordered printed in the Appendix to the Journal.
Eng. Senate Bill No. 552, Modifying Water Pollution Control Act to reflect organizational changes.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 552) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Senate Bill No. 552--A Bill to amend and reenact §22-11-8 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of the Department of Environmental Protection to sign NPDES permits; and correcting antiquated language throughout.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 565, Requiring certain partnerships and businesses provide disclosure of organizations' members' names.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Caruth, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Caruth, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
O n page three, section three hundred three-a, line two, by striking out the word "ten" and inserting in lieu thereof the word "twenty-five";
On page four, section eight hundred sixty-a, line two, by striking out the word "ten" and inserting in lieu thereof the word "twenty-five";
And,
On page six, section three-a, line two, by striking out the word "ten" and inserting in lieu thereof the word "twenty-five".
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 565 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Edgell--1.
Absent: Bailey and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 565) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 574, Transferring Weston State Hospital Institutional Farm to Department of Health and Human Resources.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Senate Bill No. 578, Increasing incremental salary for public employees.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 578) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 578) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 588, Removing tax expiration date on manufacturing or production of synthetic fuel from coal.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 588) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 588) 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 Senate Bill No. 595, Revising workers' compensation statutes.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sypolt--1.
Absent: Sharpe--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 S. B. No. 595) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sypolt--1.
Absent: Sharpe--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 S. B. No. 595) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 608, Disclosing employers in default of unemployment compensation payments.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Kessler, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
O n page three, section eleven, line thirty-three, after the word "default" by inserting the words "to the extent permitted by law".
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 608 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 608) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 621, Standardizing preferred drug lists and formularies.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 27, 2007, for amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar, following consideration of Committee Substitute for Senate Bill No. 278, already placed in that position.
Eng. Com. Sub. for Senate Bill No. 629, Relating to certain exemptions for solid waste facilities.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motions of Senators Chafin and McCabe, the following amendment to the bill was reported by the Clerk and adopted:
On page five, section nine-a, line fifty-five, by striking out the word "minor" and inserting in lieu thereof the word "major".
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 629 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Hunter and Unger--2.
Absent: Sharpe--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 S. B. No. 629) 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 Com. Sub. for Senate Bill No. 650, Relating to school bus transportation schedules.
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: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Barnes, McKenzie and Oliverio--3.
Absent: Sharpe--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 Com. Sub. for S. B. No. 650) passed.
On motion of Senator Boley, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 650--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48; and to amend and reenact §18-9D-2 of said code, all relating to time levels for bus routes of students in grades prekindergarten through five; providing for the establishment, maintenance and adherence to schedules for one-way bus transportation time levels under normal weather operating conditions for students in certain grades; prohibiting the creation of new bus routes in the wake of a closure or consolidation of an existing school facility in which the travel time levels for students in certain grades exceed certain levels; and defining certain terms.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Barnes, McKenzie and Oliverio--3.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 650) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 654, Reconstituting Hatfield-McCoy Regional Recreation Authority governing board.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Chafin, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page two, section three, line ten, by striking out the words "southern West Virginia" and inserting in lieu thereof "Boone, Logan, McDowell, Mingo and Wyoming counties";
And,
On page four, section three, by striking out all of paragraphs (A) and (B) and inserting in lieu thereof the following:
(A) Six members who represent and are associated with a corporation or individual landowner whose land is being used as part of the Hatfield-McCoy Regional Recreation Area. Three members will serve an initial term of four years and three members will serve an initial term of three years;
(B) Four members who represent and are associated with travel or economic development efforts in Boone, Logan, McDowell, Mingo and Wyoming counties. Three members will serve an initial term of two years and one member will serve an initial term of one year.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 654 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Stollings--1.
Absent: Sharpe--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 S. B. No. 654) passed.
On motion of Senator Chafin, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 654--A Bill to amend and reenact §20-14-3 of the Code of West Virginia, 1931, as amended, relating to reconstituting the governing board of the Hatfield- McCoy Regional Recreation Authority to include eleven members; and stating the trail system is located in Boone, Logan, McDowell, Mingo and Wyoming counties.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Stollings--1.
Absent: Sharpe--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 S. B. No. 654) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 667, Creating WV Andrew J. Trail Purple Heart Recipient College Bill of Rights Act of 2007.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 667) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 667) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 669, Allowing Commissioner of Highways transfer cash surpluses among agency funds.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 669) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Senate Bill No. 669--A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating generally to the Commissioner of Highways; allowing the commissioner to take action to alleviate conditions in an emergency; allowing the commissioner to transfer surplus cash balances among funds administered by the division, with a credit to the fund from which a surplus cash balance is transferred; and allowing the commissioner to make private roads to cemeteries passable for the transportation of a body for internment.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 669) takes effect passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 672, Including boat retailers in special method for appraising dealer vehicle inventory.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 672) 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 Com. Sub. for Senate Bill No. 678, Eliminating certain taxes for production and severance of coalbed methane.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 Com. Sub. for S. B. No. 678) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 678) 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 Senate Bill No. 697, Creating Appalachian Region Interstate Compact.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 697) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Rev. Com. Sub. for Senate Bill No. 712, Relating to wine regulations.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar, following consideration of Engrossed Senate Bill No. 621, already placed in that position.
Eng. Com. Sub. for Senate Bill No. 713, Relating to campaign finance filings.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 713) 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 Senate Bill No. 738, Requiring WV Parkways, Economic Development and Tourism Authority present proposed toll revision to Joint Committee on Government and Finance.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 738) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 738) 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 Senate Bill No. 742, Exempting certain airplanes from personal property tax.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 742 pass?"
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, Yoder and Tomblin (Mr. President)--26.
The nays were: Barnes, Hunter, Kessler, Love, Sypolt, Wells and White--7.
Absent: Sharpe--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 S. B. No. 742) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 745, Relating to selling and serving beverages in public schools.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 749, Relating to corporation net income tax.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 749) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 749) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 750, Reducing rate of corporation net income tax.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 750) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 750) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 751, Phasing out business franchise tax.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 751 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 751) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 751) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Yoder, and by unanimous consent, the remarks by Senator Hall regarding the passage of Engrossed Senate Bill No. 751 were ordered printed in the Appendix to the Journal.
At the request of Senator Prezioso, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the eighth order of business.
Senate Bill No. 752, Creating WV Commercial Intellectual Property Incentives Tax Act.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, February 27, 2007, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator McCabe, the following amendment to the bill was reported by the Clerk and adopted:
On page eleven, section four, line thirteen, by striking out the word "sixty" and inserting in lieu thereof the word "fifty".
On motion of Senator McCabe, the following amendment to the bill was next reported by the Clerk and adopted:
On page twelve, section four, line twenty-one, by striking out the word "sixty" and inserting in lieu thereof the word "fifty".
On motion of Senator McCabe, the following amendment to the bill was next reported by the Clerk and adopted:
On page twelve, section four, line twenty-two, by striking out the word "forty" and inserting in lieu thereof the word "sixty".
On motion of Senator McCabe, the following amendment to the bill was next reported by the Clerk:
On page twelve, section four, line twenty-four, after the word "state" by inserting the words "in partnership with West Virginia University or Marshall University".
On motion of Senator Caruth, the following amendment to Senator McCabe's amendment to the bill was reported by the Clerk:
After the words "Marshall University" by inserting the words "or any other West Virginia four-year institution of higher education".
The question being on the adoption of Senator Caruth's amendment to Senator McCabe's amendment to the bill (S. B. No. 752), the same was put.
At the request of Senator Plymale, unanimous consent being granted, further consideration of the bill and Senator Caruth's pending amendment to Senator McCabe's amendment was deferred until the conclusion of bills on today's second reading calendar, following consideration of Engrossed Revised Committee Substitute for Senate Bill No. 712, already placed in that position.
Eng. Senate Bill No. 753, Filling vacancies in nominations for general elections.
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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 753) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2216, Expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members.
Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 496, Authorizing approval of State Personnel Board pay plans.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 496) 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.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
The bill (S. B. No. 496) was then read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section ten, line twenty-six, after the word "him" by inserting the words "or her";
On page three, section ten, line eleven, after the word "him" by inserting the words "or her";
On page ten, section fourteen, line eleven, after the word "his" by inserting the words "or her";
And,
On page ten, section fourteen, line nineteen, after the word "his" by inserting the words "or her".
The bill, as amended, was ordered to engrossment and third reading.
Engrossed Senate Bill No. 496 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Bailey and Minard--2.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 496) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 514, Relating to information technology donations.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 514) 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.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 514 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 514) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 758 (originating in the Committee on Finance)- -A Bill supplementing, amending, reducing and increasing items of the existing appropriations from federal funds to the Department of Health and Human Resources - Division of Human Services, fund 8722, fiscal year 2007, organization 0511, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven.
And,
Senate Bill No. 759 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to the Department of Health and Human Resources - Division of Health - Hospital Services Revenue Account, fund 5156, fiscal year 2007, organization 0506, to the Department of Health and Human Resources - Division of Health - West Virginia Birth-to-Three Fund, fund 5214, fiscal year 2007, organization 0506, and to Miscellaneous Boards and Commissions - West Virginia Board of Examiners for Registered Professional Nurses, fund 8520, fiscal year 2007, organization 0907, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 121, Tolling state licensure or registration requirements for active duty military personnel.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 121 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 Com. Sub. for S. B. No. 121) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 447, Regulating opioid treatment centers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 447 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 447) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 559, Authorizing Insurance Commissioner propose rules related to military personnel insurance.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 559 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 559) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 568, Requiring automobile insurers reduce premium charges for persons fifty years of age or older.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 568 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 568) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 582, Creating Real Estate Division in Department of Administration.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Bowman, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page six, section two, line twenty-two, by striking out the word "or";
On page six, section two, line twenty-eight, after the word "operations" by changing the period to a semicolon and inserting the following: or
(7) The real property held by the West Virginia Conservation Agency, including all easements, mineral rights, appurtenances and operating revenue funds for those operations.;
On pages eighteen and nineteen, section one, by striking out all of subsection (d) and inserting in lieu thereof a new subsection (d), to read as follows:
(d) The provisions of this article do not apply to:
(1) The State of West Virginia's interest in the rivers, streams, creeks or beds thereof, and all other public lands managed or acquired by the Division of Natural Resources pursuant to the provisions of section seven, article one, chapter twenty of this code and section two, article five of said chapter, the title to all of which shall collectively be transferred to and vested in the Division of Natural Resources for the use and enjoyment fo the citizens of the state; or
(2) Public lands acquired by the Division of Forestry pursuant to article one-a, chapter nineteen of this code.;
And,
On page thirty-seven, section seven, line five, by striking out the word "one-c" and inserting in lieu thereof the word "one-d".
The bill (Com. Sub. for S. B. No. 582), as amended, was then ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 582 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 582) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 S. B. No. 582) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 614, Exempting certain preschool programs from day care center licensure.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 690, Exempting consumers sales and service tax on highway construction and maintenance materials.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 690 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 690) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 739, Relating to disclosure of transactions with affiliates and other related parties.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 744, Creating Highway Corridor Infrastructure Assistance Program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 744 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--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 Com. Sub. for S. B. No. 744) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 744) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 755, Requiring court approval for certain structured settlement transfers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sypolt--1.
Absent: Sharpe--1.
Engrossed Senate Bill No. 755 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sypolt--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 755) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sypolt--1.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 744) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 756, Modifying definitions relating to Homeland Security and law enforcement.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 756 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 756) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 756) 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. 2842, Relating to sale and serving of beverages in schools.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. House Bill No. 2908, Removing an outdated reference to the assessed value of livestock used to determine the value of livestock killed by a bear.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. House Bill No. 3090, Transferring the Weston State Hospital Institutional Farm to the Department of Health and Human Resources.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 278, Authorizing Department of Health and Human Resources promulgate legislative rules
On third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, February 27, 2007, for amendments to be received on third reading, was again reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until consideration of Senate Bill No. 752 has been concluded.
The Senate next proceeded to the consideration of
Senate Bill No. 621, Increasing criminal penalties for violations of certain hunting and fishing laws by nonresidents
On third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, February 27, 2007, for amendments to be received on third reading, was again reported by the Clerk.
On motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-4-21, to read as follows:
ARTICLE 4. GENERAL PROVISIONS.
§33-4-21. Format for preferred drug lists; rule-making authority.
(a) The commissioner, in consultation with the Secretary of the Department of Health and Human Resources, the Director of the Public Employees Insurance Agency and the Board of Pharmacy, shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to develop a standardized format for all preferred drug lists or drug formularies used in West Virginia. To the extent jurisdiction exists, the rules apply to all entities regulated by the Insurance Commissioner as set forth in this chapter, the Bureau for Medical Services within the Department of Health and Human Resources, the Public Employees Insurance Agency within the Department of Administration, all pharmacy benefit managers registered or licensed pursuant to the provisions of this chapter, and any other entity that routinely utilizes a preferred drug list or drug formulary for outpatient pharmaceuticals.
(b) The rules required in subsection (a) of this section shall provide:
(1) For a requirement that all preferred drug lists and drug formularies use a standard format, including recognizing that entities may have multiple preferred drug list drugs or drug formularies, that purchasers may change entities or preferred drug lists or drug formularies, and that entities may have preferred drug lists or drug formularies which are used in multiple states;
(2) As authorized under federal law, that the preferred drug list or drug formulary developed by an entity is valid and reliable for a reasonable period of time, and allows for alteration to the preferred drug list or drug formulary if new medications become available on the market, medications become available generically, treatment warnings are issued by agencies of the federal government or nationally recognized health experts, or agencies of the federal government allow for additional treatments by the use of previously approved medications; and
(3) That once complete, the preferred drug list or drug formulary is made available electronically on the internet.
(c) Nothing in this section permits the commissioner to require what substances are included upon any individual preferred drug list or drug formulary.
(d) No rule promulgated pursuant to the provisions of this section shall be in conflict with the standards developed by the federal government in regard to the Medicare Pharmacy Part D program.
(e) Any rule promulgated pursuant to the provisions of this section shall be consistent with standards developed by nationally recognized entities engaged in the establishment of national standards for pharmaceutical point of sale transactions.
The bill, as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 621 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 621) passed.
On motion of Senator Bowman, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 621--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-21, relating to legislative rule-making authority of the West Virginia Insurance Commissioner; requiring development of a standard format for preferred drug lists and drug formularies; and requiring the format to be maintained and available electronically.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Action as to Engrossed Senate Bill No. 621 having been concluded, the Senate proceeded to the consideration of
Eng. Rev. Com. Sub. for Senate Bill No. 712, Relating to wine regulations.
On third reading, coming up in deferred order, was again reported by the Clerk.
At the request of Senator Deem, and by unanimous consent, further consideration of the bill was deferred until consideration of Committee Substitute for Senate Bill No. 278 has been concluded.
The Senate next proceeded to the consideration of
Senate Bill No. 752, Creating WV Commercial Intellectual Property Incentives Tax Act.
On third reading, coming up in deferred order, with Senator Caruth's amendment to Senator McCabe's amendment pending, and with the right having been granted on yesterday, Tuesday, February 27, 2007, for amendments to be received on third reading, was again reported by the Clerk.
At the request of Senator Caruth, and by unanimous consent, Senator Caruth's pending amendment to Senator McCabe's amendment (shown in the Senate Journal of today, page 68) was withdrawn.
On motion of Senator Caruth, the following substitute amendment to Senator McCabe's amendment to the bill was reported by the Clerk and adopted:
After the words "Marshall University" by inserting the words "or state colleges as defined in section two, article one, chapter eighteen-b of this code".
The question now being on the adoption of Senator McCabe's amendment to the bill, as amended, the same was put and prevailed.
On motion of Senator McCabe, the following amendment to the bill was next reported by the Clerk and adopted:
On page sixteen, section five, line fourteen, by striking out the word "sixty" and inserting in lieu thereof the word "fifty".
On motion of Senator McCabe, the following amendment to the bill was next reported by the Clerk and adopted:
On page seventeen, section five, line twenty-three, by striking out the word "forty" and inserting in lieu thereof the word "sixty".
On motion of Senator McCabe, the following amendment to the bill was next reported by the Clerk:
On page seventeen, section five, line twenty-four, after the word "amount" by inserting the words "and the intellectual property used is developed by West Virginia University or Marshall University".
On motion of Senator Caruth, the following amendment to Senator McCabe's amendment to the bill was reported by the Clerk and adopted:
After the words "Marshall University" by inserting the words "or state colleges as defined in section two, article one, chapter eighteen-b of this code".
The question now being on the adoption of Senator McCabe's amendment to the bill, as amended, the same was put and prevailed.
The bill (S. B. No. 752), as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 752 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 752) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 752) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Action as to Engrossed Senate Bill No. 752 having been concluded, the Senate proceeded to the consideration of
Com. Sub. for Senate Bill No. 278, Authorizing Department of Health and Human Resources promulgate legislative rules.
On third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, February 27, 2007, for amendments to be received on third reading, was again reported by the Clerk.
There being no amendments offered,
The bill was then ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 278 was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Jenkins and McKenzie--2.
Absent: Sharpe--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 S. B. No. 278) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Jenkins and McKenzie--2.
Absent: Sharpe--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 S. B. No. 278) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for Senate Bill No. 278 having been concluded, the Senate proceeded to the consideration of
Eng. Rev. Com. Sub. for Senate Bill No. 712, Relating to wine regulations.
On third reading, coming up in deferred order, was again reported by the Clerk.
At the request of Senator Deem, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Deem, the following amendment to the bill was reported by the Clerk and adopted:
On page fifty-two, section six, lines four and five, after the word "state" by striking out the comma and the words "except to a distributor who is duly licensed under this article".
The bill, as just amended, was again ordered to engrossment.
On motion of Senator Minard, the Senate reconsidered the vote by which it immediately hereinbefore adopted Senator Deem's amendment to the bill (Rev. Com. Sub. for S. B. No. 712).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Deem's amendment to the bill, and on this question, Senator Deem demanded the yeas and nays.
The roll being taken, the yeas were: Caruth, Green, Guills, Love, Sprouse, Sypolt and White--7.
The nays were: Bailey, Barnes, Boley, Bowman, Chafin, Edgell, Facemyer, Fanning, Foster, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, Yoder and Tomblin (Mr. President)--25.
Absent: Deem and Sharpe--2.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Deem's amendment to the bill (Eng. Rev. Com. Sub. for S. B. No. 712) rejected.
The bill was again ordered to engrossment.
Engrossed Revised Committee Substitute for Senate Bill No. 712 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Revised Committee Substitute for Senate Bill No. 712 pass?"
On the passage of the bill, the yeas were: Bailey, Bowman, Chafin, Edgell, Fanning, Foster, Green, Hunter, Jenkins, Kessler, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Wells, Yoder and Tomblin (Mr. President)--18.
The nays were: Barnes, Boley, Caruth, Deem, Facemyer, Guills, Hall, Helmick, Love, Minard, Sprouse, Stollings, Sypolt, Unger and White--15.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Rev. Com. Sub. for S. B. No. 712) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 278, Authorizing Department of Health and Human Resources promulgate legislative rules.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote as to the effective date and passage.
The vote thereon having been reconsidered,
The question again being on the passage of the bill, the yeas were: Bailey, Barnes, Boley, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--29.
The nays were: Bowman, Jenkins, McKenzie and Stollings--4.
Absent: Sharpe--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 S. B. No. 278) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--29.
The nays were: Bowman, Jenkins, McKenzie and Stollings--4.
Absent: Sharpe--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 S. B. No. 278) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
On motion of Senator Kessler, the Senate requested the return from the House of Delegates of
Eng. Senate Bill No. 753, Filling vacancies in nominations for general elections.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Kessler, the Senate reconsidered the vote as to the passage of the bill.
The vote thereon having been reconsidered,
At the request of Senator Kessler, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page three, section nineteen, lines thirty-seven and thirty-eight, by striking out the words "twenty-eight days before the primary election" and inserting in lieu thereof the words "thirty days after the last day to file a certificate of announcement pursuant to section seven of this article".
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 753 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 753) 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 eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Hall.
The Senate next proceeded to the thirteenth order of business.
At the request of Senator Bailey, unanimous consent being granted, it was ordered that the Journal show had Senator Bailey been present in the chamber in earlier proceedings today, he would have voted "yea" on the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 544, Engrossed Senate Bill No. 552 and Engrossed Committee Substitute for Senate Bill No. 565.
At the request of Senator Minard, and by unanimous consent, it was ordered that the Journal show had Senator Minard been present in the chamber in earlier proceedings today, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 425, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 465, Engrossed Committee Substitute for Senate Bill No. 521 and Engrossed Committee Substitute for Senate Bill No. 523.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, March 1, 2007, at 11 a.m.
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