WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

FORTY-NINTH DAY

____________

Charleston, W. Va.,

Tuesday, February 26, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Most Reverend Michael J. Bransfield, Bishop, Roman Catholic Diocese of Wheeling-Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 25, 2008,
On motion of Senator Bailey, 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.
On motion of Senator Chafin, the Senate recessed for five minutes to permit Elizabeth King to address the Senate on behalf of the Governor's School for the Arts and Lauren Oyler to address the Senate on behalf of the Governor's Honors Academy.
Upon expiration of the recess, the Senate reconvened and proceeded to the third order of business.
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. 2739--A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to providing copies of a veteran's death certificate to families at no cost.
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. 2881--A Bill to amend and reenact §17A-10-3a of the Code of West Virginia, 1931, as amended, relating to extending the weekend time period for the operation of antique motor vehicles and antique motorcycles for recreational purposes.
Referred to the Committee on Transportation and Infrastructure.
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. 2967--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8f, relating to establishing "West Virginia Remembers Program" program in public schools; requiring State Board rule; and specifying certain parameters.
Referred to the Committee on Education.
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. 3188--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5 and §5B-4-6, all relating to creating measures to analyze effectiveness of economic development incentives; requiring reporting; and requiring the department of commerce to promulgate legislative rules.
Referred to the Committee on Economic Development.
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. 4001--A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended, relating to providing certain county commissions with authority to regulate the location of sexually-oriented businesses.
Referred to the Committee on Government Organization; 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. 4023--A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-3-6 of said code; and to amend and reenact §18-8-11 of said code, all relating to requiring Driver's Eligibility Certificate for driver's license of any student fifteen and less than eighteen years of age; issuance, denial and suspension; alternatives for eligibility; exceptions; authorizations for release and receipt of certain private records; notices; and hearings.
Referred to the Committee on Education; 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. 4074--A Bill repeal §16-41-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-41-2, §16-41-3, §16-41-4 and §16-41-6, all relating to the establishment of the Office for Oral Health in the Bureau for Public Health, creation of a full time director and the establishment of an advisory board and the responsibilities of the Office for Oral Health.
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. 4079--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-46A-1, §33-46A-2, §33-46A-3, §33-46A-4, §33-46A-5, §33-46A-6, §33-46A-7, §33-46A-8, §33-46A-9 and §33-46A-10, all relating to Professional Employer Organizations; providing declaration of purpose and intent; providing definitions; clarifying rights, duties and obligations unaffected by the article; requiring license from the Insurance Commissioner to engage in the business of a Professional Employer Organization; setting forth licensure requirements; providing for legislative, emergency and legislative exempt rules; authorizing the Insurance Commissioner to establish licensure and other fees; allowing the Insurance Commissioner to examine business records and documents; providing for confidentiality of certain information; setting forth requirements for Professional Employer Agreements; providing requirements for workers' compensation coverage; providing enforcement measures including penalties; requiring study of health plans, taxation, unemployment and labor laws; and prohibiting self-funded health plans.
Referred to the Committee on Government Organization.
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. 4082--A Bill to amend and reenact §5-10-14, §5-10-15b and §5-10-27c of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System; clarifying transfer of retroactive service credit in the Public Employees Retirement System for certain members of the State Police Death, Disability and Retirement Fund; making technical changes by substituting the term "member" for "employee"; and permitting direct rollovers in any amount from the Public Employees Retirement System.
Referred to the Committee on Pensions; 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. 4088--A Bill to amend and reenact §11-6C-1, §11-6C-2, §11-6C-3, §11-6C-4 and §11-6C-5 of the Code of West Virginia, 1931, as amended, all relating to a change in the calculation of farm equipment dealers inventory to an average monthly basis rather than the inventory as of the first day of July.
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. 4106--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-21, relating to requesting the Supreme Court of Appeals to study the establishment, administration and effect of a uniform bail schedule, and that the Supreme Court of Appeals report to the regular session of the Legislature, 2009, as to findings and any recommendations.
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. 4121--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §6-9-2a, §6-9-2b and §6-9-2c; to amend said code by adding thereto a new section, designated §7-5-7a; and to amend and reenact §8-12-5 of said code, all relating to authorizing the participation of local governments in a purchasing card program to be administered by the Auditor as chief inspector of public offices; creating offenses and criminal penalties.
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. 4132--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to employer mandating employee participation in certain activities; prohibiting employers from mandating communication with employees regarding certain employer beliefs and activities; granting commissioner of labor enforcement powers; authorizing commissioner of labor to establish administrative process and rulemaking; authorizing commissioner of labor to seek injunctive relief; providing for civil damages to employees; providing for special revenue account for administrative penalties; providing that certain employers have limited exemptions from the provisions of this section; and providing for exemption of the provisions of this section when federally preempted.
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. 4156--A Bill to amend and reenact §8-12-16 of the Code of West Virginia, 1931, as amended, relating to permitting the governing body of a municipality to place a lien on property in an amount equal to the demolition and removal costs of a hazardous structure.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4206--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Military Affairs and Public Safety; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Fire Marshal to promulgate a legislative rule relating to the supervision of fire protection work; authorizing the Regional Jail and Correctional Facility Authority to promulgate a legislative rule relating to a furlough program for regional jails; authorizing the Regional Jail and Correctional Facility Authority to promulgate a legislative rule relating to a work program for regional jail inmates; authorizing the State Police to promulgate a legislative rule relating to cadet selection; authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Career Progression System; and authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police professional standards investigations, employee rights, early identification system, psychological assessment and progressive discipline.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4209--A Bill to amend and reenact §64-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact article 2, chapter 64 of said code, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; the promulgation of administrative rules by the Department of Administration and the procedures relating thereto legislative mandate or authorization; the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; and disapproving certain rules; authorizing the Department of Administration to promulgate a legislative rule relating to the leasing of space and acquisition of real property on behalf of state spending units; authorizing the Department of Administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing the Department of Administration to promulgate a legislative rule relating to controlling the Public Land Corporation's sale, lease, exchange or transfer of lands and minerals; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Defined Contribution System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employee's Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service and loan interest factors; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; and authorizing the Ethics Commission to promulgate a legislative rule relating to the solicitation and receipt of gifts and charitable contributions by public employees and officials.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4244--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Transportation; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the construction and reconstruction of state roads; authorizing the Commissioner of Highways to promulgate a legislative rule relating to traffic and safety rules; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the use of state road rights of way and adjacent areas; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the examination and issuance of driver's licences; and authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the disclosure of information from the files of the Division.
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. 4308--A Bill to amend and reenact §30-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-7A-9 of said code, all relating to exempting from nursing licensing, care of the sick when the care is provided in connection with the practice of the religious tenets of any church or religious organization and is by or for its members.
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, to take effect July 1, 2008, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4314--A Bill to amend and reenact §24F-1-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24F-1-7, all relating to payment of veterans' grave markers not provided by the United States government.
Referred to the Committee on Military; 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, 2008, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4341--A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended, relating to payment of National Board for Professional Teaching Standards salary bonus to holders subsequently employed in certain administrative and instructional leadership positions.
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 from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4355--A Bill to amend and reenact §20-14-8 of the Code of West Virginia, 1931, as amended, relating to allowing the Hatfield-McCoy Regional Recreation Authority to retain civil penalties imposed for violation of authority rules, for the benefit of the Hatfield-McCoy Recreation Area.
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. 4357--A Bill to amend and reenact §11-13J-8 and §11-13J-9 of the Code of West Virginia, 1931, as amended, relating to the Neighborhood Investment Program Act; increasing the total maximum aggregate tax credit amount and extending the termination date of the tax credit.
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. 4368--A Bill to amend and reenact §18-5A-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-5-1 of said code; and to further amend said code by adding thereto a new section, designated §18A-5-1c, all relating to student behavior and discipline in schools; reducing school violence and disorderly conduct; alternative learning settings; establishing and implementing consistent and effective discipline policies; legislative findings; and establishing the Bill of Rights and Responsibilities for Students and School Personnel.
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. 4384--A Bill to amend and reenact §8A-8-3 of the Code of West Virginia, 1931, as amended, relating to permitting a governing body to create a board of zoning appeals which consists of five or seven members.
Referred to the Committee on Government Organization; 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. 4402--A Bill to amend and reenact §29-22A-19 of the Code of West Virginia, 1931, as amended, relating to compulsive gambling; authorizing the Department of Health and Human Resources to bid and award contracts for treatment programs; requiring development of procedures; establishing contract requirements; requiring post award conferences; providing for performance monitoring; prohibiting interference with operation of program; prohibiting use of Lottery Commission logo on advertising media; and requiring annual report.
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. 4404--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-15E-1, §33-15E-2, §33-15E-3, §33-15E-4, §33-15E-5, §33-15E-6, §33-15E-7, §33-15E-8, §33-15E-9, §33-15E-10, §33-15E-11, §33-15E-12, §33-15E-13, §33-15E-14, §33-15E-15, §33-15E-16 and §33-15E-17, all relating to licensing and regulating discount medical plan organizations and discount prescription drug plan organizations; requiring payment of fees; authorizing proposal of and promulgation of rules, including emergency rules; and providing civil and criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.
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. 4420--A Bill to amend and reenact §11-24-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-24-4b, all relating to providing the manner in which the corporate net income tax is to be imposed on certain real estate investment trusts and regulated investment companies.
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. 4433--A Bill to amend and reenact §18C-3-1 of the Code of West Virginia, 1931, as amended, relating to health education student loan fund; and increasing the portion of a medical student loan that may be cancelled under certain circumstances.
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, 2008, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4434--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-5-11, relating to creating the energy and water savings revolving loan fund; requiring legislative rule; establishing fund administration criteria; authorizing fund investment; and limiting uses of funds.
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. House Bill No. 4445--A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to definitions under the Medical Professional Liability Act.
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. 4449--A Bill to amend and reenact §18B-5-4 of the Code of West Virginia, 1931, as amended, relating to purchase or acquisition of materials, supplies, equipment, services and printing; and extending to the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education the authority to enter into lease- purchase agreements for capital improvements, including equipment.
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. 4474--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-7-19, relating to registered nurses required in operating rooms.
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, 2008, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4482--A Bill to amend and reenact §17-16A- 13 of the Code of West Virginia, 1931, as amended, relating to relating to payments by the West Virginia parkways, economic development and tourism authority to the Hatfield-McCoy regional recreation authority for the purpose of funding projects of the Hatfield-McCoy regional recreation authority.
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. 4494--A Bill to amend and reenact §30-9-2, §30-9-8, §30-9-13, §30-9-16, §30-9-17, §30-9-19 and §30-9-26 of the Code of West Virginia, 1931, as amended, all relating to the regulation of the practice of accountancy; adding definitions; clarifying references to auditing standards; reducing accountancy firm ownership requirements from sixty percent to a simple majority; modifying education, examination and experience requirements for certificates; eliminating certain notice requirements for substantial equivalency practitioners; revising criteria to determine substantial equivalency practice privileges; providing conditions for substantial equivalency practice privileges; allowing out-of-state firms to practice in this state without permits in certain circumstances; requiring the board to investigate complaints from boards of other states; allowing certain services to be performed by persons or business entities without authorizations in certain circumstances; and clarifying unlawful acts.
Referred to the Committee on Government Organization; 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. 4495--A Bill to amend and reenact §3-7-10 of the Code of West Virginia, 1931, as amended, and to amend and reenact §30-7A-2 of said code, all relating to limiting the use of the titles of nurses.
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. House Bill No. 4557--A Bill to amend and reenact §33-12-8 of the Code of West Virginia, 1931, as amended, relating to providing for carry-over of hours of continuing education for individual insurance producers into the following biennial reporting period.
Referred to the Committee on Banking and Insurance.
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. 4570--A Bill to amend and reenact §31-20-27a of the Code of West Virginia, 1931, as amended, relating to authorizing regional jail employees to carry a firearm after receiving appropriate certification; and expanding their arrest authority.
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. 4613--A Bill to amend and reenact §46A-6H-3 of the Code of West Virginia, 1931, as amended, relating to requiring court approval for certain structured settlement transfers; requiring appointment of guardian ad litem; payment of guardian ad litem, attorneys' fees and costs; required findings; and standard of proof.
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. 4617--A Bill to amend and reenact §31B-1-111 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-5-504 of said code; to amend and reenact §31E-5-504 of said code; to amend and reenact §31E-14-1410 of said code; to amend and reenact §46A-2-137 of said code; to amend and reenact §47-9-4 of said code; and to amend and reenact §56-3-31 and §56-3-33 of said code, all relating to service of process, service on corporation for-profit, service on corporation nonprofit, service on foreign corporation, service of process against non residents involved in motor vehicle accidents, service of process against nonresidents having certain contracts with this state, constituting the secretary of state as attorney-in-fact for all limited partnerships and service of process on certain nonresidents.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 64--Urging the West Virginia Department of Education, West Virginia Educational Broadcasting Authority, West Virginia Public Television, and our state universities to work together to establish an academic competition among the state's high schools.
Whereas, All West Virginians value education and recognize the importance of encouraging our young people to excel academically; and
Whereas, Some of the brightest and best young people in the Nation are students in the high schools of our state; and
Whereas, It is important that we do all that we can to help these young people reach their full potential; and
Whereas, The establishment of a statewide high school academic competition would provide these young people with an incentive to perform at a high academic level; and
Whereas, Economic development and education are linked and West Virginia can only reach its full economic potential with a well educated workforce; and
Whereas, West Virginia has the resources to produce a statewide academic competition through the West Virginia Department of Education, West Virginia Educational Broadcasting Authority, West Virginia Public Television, and our state universities; and
Whereas, The establishment of a statewide high school academic competition would provide our post-secondary students with hands on experience in producing, directing and facilitating the competition; and
Whereas, A statewide high school academic competition would provide a showcase for our students, schools and state; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Department of Education, West Virginia Educational Broadcasting Authority, West Virginia Public Television, and our state universities are urged to work together to establish an academic competition among the state's high schools; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the West Virginia Department of Education, West Virginia Educational Broadcasting Authority and the West Virginia Public Television.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 65--Requesting the Joint Committee on Regional Jail and Correctional Facility Oversight to conduct a study establishing drug and mental health courts in each judicial district to divert adults, juveniles and teens with mental health and addiction problems from the corrections environment.
Whereas, Drug courts have been established as a pilot program in several counties in West Virginia to afford courts in those counties an alternative disposition for individuals in the corrections system who have mental and addiction problems; and
Whereas, The Legislature desires to have information on the effectiveness of those programs, how they may be expanded, whether the program ought to be expanded statewide and how a statewide program could be implemented; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Regional Jail and Correctional Facility Oversight is hereby requested to study the drug courts previously established as a pilot program, and how the program could be expanded statewide also including similar treatment for individuals with mental illness, and including special courts for juveniles and teens with mental illness or drug addiction problems; and, be it
Further Resolved, That the Joint Committee on Regional Jail and Correctional Facility Oversight report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on the Judiciary; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 66--Honoring and commemorating 100 years of service at home and abroad by the United States Army Reserve.
Whereas, The United States Army Reserve was created in 1908 as a Medical Reserve Corps and remains a specialized, skill rich force ready for the next 100 years; and
Whereas, The Army Reserve has played a critical role defending this Nation across its history. From its first days as a corps of reserve medical officers, to its initial call-up to chase down the bandit "Pancho" Villa, to the doughboys of World War I, on the beaches of the Pacific to those of Normandy in World War II, to the hills of the war in Korea, to the sands of the Persian Gulf, the Army Reserve has always ridden to the sound of the guns and answered the Nation's call in its times of need, around the world, without hesitation, living by their creed: Duty, Honor, Country; and
Whereas, The Army Reserve has thrived on change and innovation and looks forward to continuing to be an integral part of our Nation's defense; and
Whereas, The Army Reserve is going from a Strategic Reserve to an Operational Force to meet today's demands and future obligations; and
Whereas, The United States Army Reserve Soldier is a global Soldier representing our Nation in the true spirit fo selfless service; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature hereby gives its support and thanks to the members of the United States Army Reserve and urges the United States Congress to present this resolution at the Army Reserve's 100th Anniversary on April 23rd, 2008, along with their Congressional Resolution honoring the achievements of past and present Soldiers of the Army Reserve; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the United States Army Reserve, to the Clerk of the United States House of Representatives, to the Secretary of the United States Senate, to the President of the United States and to the members of the West Virginia Congressional Delegation.
Referred to the Committee on Military.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 67--Naming the bridge number 24-16/52-0.06 off of Virginia Avenue in Welch, West Virginia in memory of Abishi Carrando Cunningham, Sr.
Whereas, Attorney Abishi Carrando Cunningham, Sr. died Wednesday, March 23, 2005 at Welch Community Hospital after a long illness; and
Whereas, "Lawyer" Cunningham, as he was affectionately known, was born April 30, 1915 to the late Frankie and Wylie Cunningham in Lancaster, South Carolina. He was the youngest of three siblings. His brother Ernest Cunningham, and his devoted sister, Artimishi C. Watlington both preceded him in death; and
Whereas, Wylie Cunningham moved his family to Welch, West Virginia when Abishi was nine years old. The family joined Court Street Methodist Church and later Zion Temple AME Church. Abishi was educated in the McDowell County Schools and graduated from Kimball High School. He received his undergraduate degree from West Virginia State College where he became a life long Member of Alpha Phi Alpha fraternity; and
Whereas, After completion of college and during the Great Depression, Abishi decided to enter law school. He received his Juris Doctorate degree from the University of Iowa in 1941. He often said lightheartedly that the Great Depression was the best thing that ever happened to him; and
Whereas, After returning to Welch, World War II called on Abishi to serve his country. He was a first lieutenant in the Army Air Forces Division based in Tuskegee, Alabama where he was honorably discharged. It was during this period that he and Majorie Vaiden were united in marriage on November 22, 1943. Born unto this marriage were two children Butch and Franetta; and
Whereas, In 1946, Mr. Cunningham set up his law practice in Welch. He was completely dedicated to his work and his clients. As a skilled trial attorney he built a successful civil and criminal law practice. In the eyes of his family he was a true genius when it came to the law. He passed his knowledge, passion, and commitment of the law to his two children both of whom followed in their father's footsteps and became lawyers. Words could not express Abishi's pride when both children became judges in Chicago, Illinois; the Honorable Abishi C. Cunningham, Jr. and the Honorable Majorie C. Lewis; and
Whereas, "Lawyer" Cunningham was a servant of the people and his community. The late Mayor Billy Swope appointed him to the Welch City Council, and Governor Arch Moore also appointed him as a Family Law Master. He was a member of the Mountaineer Bar Association where he received a lifetime achievement award. He was a member of the National Boule' and the NAACP. Additionally, Abishi was an avid sports fan. He even helped coach a minor league baseball team in the early 1950's; and
Whereas, "Lawyer" affectionately known by many leaves to treasure his memory, his loving wife of 60 years, Majorie; two children, Abishi "Butch" Cunningham, Jr. and Majorie Franetta Laws; daughter-in-law, Dr. Frances Kostarelos Cunningham; son-in-law, Attorney William H. Laws; three grandchildren, Amber Michelle Laws, William Hansen Laws, Theodore Kostarelos Cunningham; a caring brother-in-law, James "Sonny" Vaiden; two nieces, Lanette Cunningham and Lorene Wallace of Chicago, Illinois; three nephews, Robert Donald Cunningham of Cleveland, Ohio, Ernest Cunningham of Toledo, Ohio, and William Nathaniel (Dr. Janice) Mitchell of Silver Springs, Maryland and a host of great nieces, nephews, cousins, and friends; therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge numbered 24-16/52-0.06 off of Virginia Avenue in Welch, West Virginia be named the "Abishi Carrando Cunningham, Sr. Memorial Bridge" in memory of this dedicated public servant and family man; and, be it
Further Resolved, That the Division of Highways is hereby directed to erect signs at the entrance of each end of the subject bridge, proclaiming the name of the bridge in prominent lettering as "The Abishi Carrando Cunningham, Sr. Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to his loving wife Majorie Cunningham and to the Division of Highways.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded 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
Com. Sub. for Senate Bill No. 251, Relating to land surveyors' licensing.
Senate Bill No. 520, Authorizing municipalities' assessment and collection of delinquent service fees.
And,
Com. Sub. for Senate Bill No. 645, Exempting city and county hospitals from certain audit requirements.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (Com. Sub. for S. B. No. 251, S. B. No. 520 and Com. Sub. for S. B. No. 645) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Bill No. 253, Defining "survey foot".
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being granted, the bill (S. B. No. 253) contained in the preceding report from the Committee on Interstate Cooperation was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 492 (originating in the Committee on the Judiciary), Eliminating part-time prosecutors.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 492 (originating in the Committee on Finance)--A Bill to amend and reenact §7-7-4a of the Code of West Virginia, 1931, as amended, relating to eliminating part-time prosecutors; authorizing an increase in salary for a part-time prosecutor who becomes a full-time prosecutor; and allowing counties an opt-out provision.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 492) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 499, Eliminating timber severance tax.
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. 499) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 622 (originating in the Committee on Economic Development), Creating Voluntary Rural and Outdoor Heritage Conservation Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 622 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2G-1, §5B-2G-2, §5B-2G-3, §5B-2G-4, §5B-2G-5, §5B-2G-6, §5B-2G-7, §5B-2G-8 and §5B-2G-9, all relating generally to the Voluntary Rural and Outdoor Heritage Conservation Act; establishing Outdoor Heritage Conservation Fund; Board of Trustees created; findings; definitions; duties; and issuance of bonds.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 622) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 746, Establishing recycling recovery program for electronics.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 746 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-15A-2 and §22-15A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §22-15A-24, §22-15A-25, §22-15A-26, §22-15A-27, §22-15A-28 and §22- 15A-29, all relating to implementing a takeback program for certain electronic devices with manufacturers; providing incentives for recycling certain electronics; providing an opportunity for counties and municipalities to increase recycling efforts; establishing a registration program for manufacturers of certain electronic goods; assessing registration fees; authorizing civil and administrative penalties; and requiring rulemaking.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 746) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Boley, Facemyer, Edgell and Helmick offered the following resolution:
Senate Concurrent Resolution No. 59-- Requesting the Joint Committee on Government and Finance study the conditions, needs, issues and problems with creating a simplified tax structure for communications.
Whereas, The communications industry has evolved rapidly in recent years so that consumers may choose from a wide variety of technologies and providers; and
Whereas, There is a disparity in the state and local taxes and fees on various types of communication services, and in the taxation of communications services and other competitive industries; and
Whereas, Some states, including Virginia and North Carolina, have passed legislation simplifying the structure of taxation of communications services to make it similar to the taxation of typical retail purchases, and other states are considering such legislation; and
Whereas, A simplified tax structure for communications can aid economic development, help attract new jobs, help secure existing jobs, eliminate market distortions created by tax inequities, and stabilize state and local revenue streams; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the conditions, needs, issues and problems with creating a simplified tax structure for communications; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Foster and McKenzie offered the following resolution:
Senate Concurrent Resolution No. 60-- Requesting the Joint Committee on Government and Finance study the feasibility of granting additional retirement service credit to members of West Virginia's public retirement systems for all periods of active service in the armed forces of the United States.
Whereas, The Legislature recognizes the honorable commitment required of the men and women in the armed forces during times of grave danger, conflict and war; and
Whereas, Public servants who enter into active military service do so for the good of our citizenry and with great personal sacrifice; and
Whereas, Men and women serving in the National Guard and Reserves are increasingly being called to respond to crisis overseas; and
Whereas, The West Virginia Consolidated Public Retirement Board administers eight independent State retirement systems; and
Whereas, The West Virginia Public Employees Retirement System provides retirement benefits for approximately 35,800 active employees of the state and other political subdivisions, the West Virginia Teachers' Retirement System serves approximately 19,500 active employees of the state and the West Virginia Teachers' Defined Contribution Plan currently has approximately 19,200 active employees; and
Whereas, Members of the Public Employees Retirement System are eligible to receive up to five years of military service credit toward retirement for specified periods of compulsory military service or armed conflict; and
Whereas, Additional military service credit may be purchased by members of state retirement plans under the federal guidelines of the Uniformed Services Employment and Reemployment Rights Act; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of granting additional retirement service credit to members of West Virginia's public retirement systems for all periods of active service in the armed forces of the United States; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Boley, Deem, Tomblin (Mr. President), Bailey, Barnes, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White and Yoder offered the following resolution:
Senate Resolution No. 24--Memorializing the life of the Honorable Jack L. Miller, former member of the West Virginia Senate, member of the West Virginia House of Delegates and dedicated public servant.
Whereas, Jack L. Miller was born March 26, 1928, in Parkersburg, West Virginia, the son of the late William Guy Miller and Rosetta P. (Batten) Miller; and
Whereas, Jack L. Miller graduated from Parkersburg High School in 1946, with honors from West Virginia University in 1950, Michigan Law School in 1954 and the U. S. Naval Academy Prep School; and
Whereas, Jack L. Miller was a U. S. Navy 1st Class Seaman from 1946-1947. He was a member of Staff to the Commander-in-Chief, Atlantic Fleet. He was a U. S. Air Force 1st Lieutenant from 1951- 1952 and an Inspector General for the Office of Special Investigations; and
Whereas, Jack L. Miller served as City Prosecutor for Parkersburg from 1956-1957 and was the Wood County Assistant Prosecuting Attorney from 1958-1960; and
Whereas, Jack L. Miller served in the West Virginia Legislature as a member of the House of Delegates from 1960-1962 and then as a member of the Senate from 1962-1969. He went on to serve as Commissioner of Finance and Administration from 1969-1970; and
Whereas, Jack L. Miller practiced law as a sole practitioner in Parkersburg and was the president and CEO of Appalachian Life Insurance Company until his retirement in 1988; and
Whereas, Jack L. Miller was married to his beloved wife of 46 years, the late Roseanne K. (Williams) Miller, with whom he shared the joy of having two children, Glenn and Gaylene; and
Whereas, Sadly, Jack L. Miller passed away January 8, 2008, after a courageous 10-year battle with cancer; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable Jack L. Miller, former member of the West Virginia Senate, member of the West Virginia House of Delegates and dedicated public servant; and, be it
Further Resolved, That the Senate extends its sincere sympathy at the passing of the Honorable Jack L. Miller; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the Honorable Jack L. Miller.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Senator Deem regarding the adoption of Senate Resolution No. 24 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

Senator Boley presented a petition from Stella Dunn Halstead and numerous West Virginia residents, supporting Senate Bill No. 328 (Relating to Cultural Center).
Referred to the Committee on Education.
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 returned to the Senate third reading calendar, Engrossed Senate Bill No. 779.
The Senate proceeded to the seventh order of business.
 Senate Concurrent Resolution No. 58, Requesting Division of Highways name bridge near Eleanor, Putnam County, "Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Joint Resolution No. 12, Proposing amendment to Constitution designated Manufacturing Inventory and Tangible Personal Property Tax Exemption Amendment.
On third reading, coming up in regular order, was read a third time and put upon its adoption.
On the adoption of the resolution, 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.
On motion of Senator Caruth, the following amendment to the title of the resolution was reported by the Clerk and adopted:
 Eng. Com. Sub. for Senate Joint Resolution No. 12--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of personal property in the form of manufacturing inventory; authorizing the exemption from ad valorem taxation on equipment; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
 So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the resolution (Eng. Com. Sub. for S. J. R. No. 12) adopted, as follows:
 Eng. Com. Sub. for Senate Joint Resolution No. 12--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of personal property in the form of manufacturing inventory; authorizing the exemption from ad valorem taxation on equipment; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
 That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year two thousand eight, which proposed amendment is that article X thereof be amended by adding a new section thereto, designated section one-d, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§1d. Exemption from ad valorem taxation of manufacturing inventory and equipment.

Notwithstanding any other provision of the constitution, tangible personal property in the form of manufacturing inventory and equipment may by law enacted by the Legislature be exempt from ad valorem taxation.
__________

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Manufacturing Inventory and Equipment Tax Exemption Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to authorize the Legislature to exempt from ad valorem taxation manufacturing inventory and equipment ."
 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. 65, Establishing school uniforms incentive plan pilot 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, 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. 65) passed.
On motion of Senator Oliverio, the following amendment to the title of the bill was reported by the Clerk and adopted:
 Eng. Com. Sub. for Senate Bill No. 65--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-35a, relating to establishment of the school uniforms incentive plan pilot program; providing funding for certain public elementary schools which adopt and implement school uniform policies; providing eligibility criteria and selection process; directing how funds may be spent; and requiring progress report to the Legislative Oversight Commission on Education Accountability.
Senator Chafin moved that the bill take effect July 1, 2008.
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. 65) takes effect July 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 101, Exempting nonprofit companies providing electricity from property 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. 101) 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. 142, Relating to limited expungement of certain criminal records.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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. 142) 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. 227, Relating to State Teachers Retirement System.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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. 227) 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. 280, Modifying Downtown Redevelopment Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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. 280) 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. 287, Establishing West Virginia Research Trust 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, 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. 287) 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. 287) 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. 297, Authorizing School Building Authority to issue revenue bonds from State Excess Lottery 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, 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. 297) 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. 297--A Bill to amend and reenact §18-9D- 2, §18-9D-6, §18-9D-8, §18-9D-13 and §18-9D-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-9D-4b; and to amend and reenact §29-22- 18a of said code, all relating generally to the School Building Authority; modifying definitions and qualifications of construction projects and major improvement projects; authorizing the School Building Authority to issue bonds by using moneys deposited in the Excess Lottery School Building Debt Service Fund from the State Excess Lottery Fund; creating Excess Lottery School Building Debt Service Fund; providing that moneys from the State Excess Lottery Fund are deposited into the Excess Lottery School Building Debt Service Fund; and clarifying the powers of the authority in issuing bonds.
 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. 297) 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. 323, Relating to stormwater systems 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, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Wells, White and Tomblin (Mr. President)--25.
The nays were: Barnes, Boley, Deem, Hall, Sprouse, Sypolt, Unger and Yoder--8.
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. 323) 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. 476, Creating State Employee Sick Leave 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, 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. 476) 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. 503, Requiring solid waste facility permit applicants furnish fingerprints for criminal background checks.
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, 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: Helmick--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. 503) 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. 507, Clarifying voting procedures.
 On third reading, coming up in regular order, with the right having been granted on Friday, February 22, 2008, for amendments to be received on third reading, was reported by the Clerk.
 On motion of Senator Oliverio, the following amendment to the bill was reported by the Clerk and adopted:
 On page four, section twenty-two, line four, by striking out the words "a county voter registration list" and inserting in lieu thereof the words "registration records".
 The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 507 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, 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: Edgell--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. 507) 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, 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: Edgell--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. 507) 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. 536, Exempting Supreme Court probation officers' vehicles from certain registration requirements.
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. 536) 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. 541, Continuing personal income tax adjustment to certain retirees' gross income.
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. 541) 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. 541--A Bill to amend and reenact §11-21- 12d of the Code of West Virginia, 1931, as amended, relating to retroactively applying and extending the personal income tax adjustment to the gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee.
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. 541) 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 Com. Sub. for Senate Bill No. 564, Relating to higher education tuition and fee waivers.
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. 564) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2008.
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. 564) takes effect July 1, 2008.
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. 567, Regulating all-terrain vehicles.
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. 567) 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. 593, Clarifying library funding obligation from local share.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 593) passed with its title.
Senator Chafin moved that the bill take effect passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 593) 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. 594, Establishing Bill of Rights and Responsibilities for Students and School Personnel.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Plymale, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
On motion of Senator Chafin, the Senate recessed until 1 p.m. today.
Upon expiration of the recess, the Senate reconvened and resumed business under the eighth order.
Eng. Com. Sub. for Senate Bill No. 600, Adding certain terms to Human Rights Act and Fair Housing Act.
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 motions of Senators Barnes and Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page twenty-seven, section thirteen, after line seventy- one, by adding a new subsection, designated subsection (e), to read as follows:
(e) Notwithstanding any provision of this code to the contrary, it shall not constitute a violation of this article for a religious organization or nonprofit organization to discriminate against a person based upon sexual orientation where such discrimination is based upon a bona fide religious purpose or religious belief or where application of the provisions of this article would violate a stated tenet of the nonprofit organization.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 600 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, 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: Helmick 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. 600) 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. 611, Relating to teachers' alternative education.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 611) 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. 634, Creating Military Authority Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 634) 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. 653, Permitting internet sales of life, accident and sickness insurance.
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. 653 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Caruth--1.
Absent: Helmick 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. 653) passed.
The following amendment to the title of the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
Eng. Senate Bill No. 653--A Bill to amend and reenact §33-6-5a of the Code of West Virginia, 1931, as amended, relating to application requirements for life and accident and sickness insurance; and permitting internet sales of and applications for life and accident and sickness insurance.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 654, Finding and declaring certain claims against state.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 654) 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, 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: Helmick 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. 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.
Com. Sub. for Com. Sub. for Senate Bill No. 667, Relating to policemen's and firemen's pension and relief funds.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, February 25, 2008, for amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Barnes, 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. 671, Increasing presiding Court of Claims' judge compensation.
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, 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: Helmick 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. 671) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2008.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. S. B. No. 671) takes effect July 1, 2008.
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. 680, Relating to corporate net income tax and business franchise tax.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator McCabe, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Senate Bill No. 682, Creating Community and Technical College Capital Improvement 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, 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: Helmick 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. 682) 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, 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: Helmick 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. 682) 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 Com. Sub. for Senate Bill No. 686, Relating to Infrastructure and Jobs Development Council.
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, 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: Helmick 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. 686) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2008.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 686) takes effect July 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 697, Authorizing Chief Medical Examiner to determine blood tester's qualifications.
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, 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: Helmick 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. 697) 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, 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: Helmick 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. S. B. No. 697) 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. 699, Establishing OxyContin Asset Forfeiture 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, 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: Helmick 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. 699) 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, 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: Helmick 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. 699) 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. 704, Regulating viatical life insurance settlements.
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, 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: Helmick 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. 704) 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. 720, Defining who may designate disposition manner of deceased person's body.
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, 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: Helmick 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. 720) 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, 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: Helmick 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. 720) 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. 722, Granting regulatory power to certain Board of Pharmacy facilities.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Prezioso, 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 Committee Substitute for Senate Bill No. 667, already placed in that position.
Eng. Com. Sub. for Senate Bill No. 750, Relating to continuing education requirements for insurance producers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 750) 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. 758, Specifying certain terms of Public Employees Insurance Agency participation.
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. 722, already placed in that position.
Eng. Senate Bill No. 769, Appropriating certain moneys to Bureau for Medical Services.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 769) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2008.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. S. B. No. 769) takes effect July 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 779, Prohibiting hotel occupancy proceeds paid to certain convention and visitors' bureaus.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Bowman, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page two, section fifteen, line one, by striking out the word "February" and inserting in lieu thereof the word "March";
On page two, section fifteen, lines seven and eight, by striking out the words "and were engaged in business";
And,
On page two, section fifteen, line eight, by striking out the word "February" and inserting in lieu thereof the word "March".
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 779 was then read a third time and put upon its passage.
Pending discussion,
At the request of Senator Caruth, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
Eng. Senate Bill No. 780, Relating to Public Employees Grievance Procedure.
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, 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: Helmick 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. 780) 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. 782, Creating Special Manufacturing Inventory Property Valuation Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 782 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 782) 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. 783, Modifying County Economic Opportunity Development Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 783) 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. 784, Relating to reforming, altering or modifying county government.
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, 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: Helmick 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. 784) 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. 785, Establishing alcohol use by minor as juvenile delinquent offense.
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, 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: Helmick 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. 785) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reached, the Senate returned to the consideration of
Eng. Senate Bill No. 779, Prohibiting hotel occupancy proceeds paid to certain convention and visitors' bureaus.
Having been read a third time in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.
The question being "Shall Engrossed Senate Bill No. 779 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, 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: Helmick 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. 779) 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, 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: Helmick 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. S. B. No. 779) takes effect from passage.
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 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
Com. Sub. for Senate Bill No. 535 (originating in the Committee on the Judiciary), Modifying certain penalties for DUI.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 535 (originating in the Committee on Finance)--A Bill to amend and reenact §17B-4-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2, §17C-5-4 and §17C-5-7 of said code; to amend said code by adding thereto a new section, designated §17C-5-4a; and to amend and reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code, all relating to modifications to administrative and criminal penalties for driving a motor vehicle under the influence of alcohol and/or drugs; reducing the administrative sanctions for driving a vehicle with a lawfully suspended or revoked license; removing the mandatory 24-hour incarceration for first offense driving under the influence; deleting a provision criminalizing the operation of a motor vehicle by habitual drug user; creating an aggravated offense of driving with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; requiring drivers involved in a motor vehicle crash that results in the death or serious bodily injury to another person to submit to a chemical test of their blood, breath or urine; permitting participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; removing superfluous provisions related to children operating a motor vehicle under the influence of alcohol; permitting law-enforcement officers to submit an affidavit rather than attend the administrative hearing unless subpoenaed; mandating participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; providing enhanced administrative sanctions for persons operating a motor vehicle with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; making certain technical changes to administrative procedures; transferring primary authority of the Safety and Treatment Program to the Department of Health and Human Resources; providing for removal of the Driver's Rehabilitation Fund from the jurisdiction of the Division of Motor Vehicles and placing it under the jurisdiction of the Secretary of the Department of Health and Human Resources; providing that a person whose driver's license is revoked for refusing to take a secondary chemical test is not eligible to reduce the revocation period by completing the safety and treatment program; removing requirement that victim impact panels be implemented pursuant to legislative rules; reducing the minimum period of revocation for participation in the test and lock program; increasing minimum periods of participation in the ignition interlock device for aggravating offenses; and denying participation in the Motor Vehicle Alcohol Test and Lock Program for persons whose driver's license is revoked for driving under the influence of drugs.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 535) 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.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Chafin, the Senate recessed for ten minutes.
Upon expiration of the recess, the Senate reconvened and proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 88, Creating brownfield economic development districts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 235, Creating Office for Oral Health.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 248, Providing state will not participate in Real ID Act of 2005.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 286, Providing adult and child protective services workers personal immunity from civil liability.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 309, Increasing Secretary of Transportation and Commissioner of Highways salary when one person serves as both.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 332, Creating Refund Anticipation Loan Disclosure Act.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page five, section two, line four, after the word "advertisement" by inserting the words "by a facilitator".
The bill (Com. Sub. for S. B. No. 332), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 349, Authorizing Miscellaneous Boards and Agencies promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 398, Authorizing Department of Health and Human Resources promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 417, Authorizing Department of Revenue promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page eleven, section two, after line one hundred two, by inserting a new subsection, designated subsection (l), to read as follows:
(l) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of December, two thousand seven, relating to the Insurance Commissioner (advertisement of life insurance and annuities, 114 CSR 11), is authorized.
On motion of Senator Barnes, the following amendment to the bill (Com. Sub. for S. B. No. 417) was next reported by the Clerk:
On page twelve, section three, line fifteen, after the word "twenty-six" by changing the period to a colon and adding the following: Provided, That waivers or variances to the provisions of this rule may be granted by the director if the application of these standards clearly would be impractical. Such variances shall comply as nearly as is practical with this rule and shall be submitted to the Legislature for approval in the following session.
The question being on the adoption of the amendment offered by Senator Barnes to the bill, the same was put and did not prevail.
The bill (Com. Sub. for S. B. No. 417), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 473, Relating to wine sales.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Plymale, the following amendment to the bill was reported by the Clerk and adopted:
On page seventy-one, section six-a, line fourteen, after the word "domicile" by inserting a colon and the words "Provided, That the application form may not be longer than one page in length".
The bill (Com. Sub. for S. B. No. 473), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 477, Increasing conservation officers' salaries and length of service.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 501, Transferring Stream Partners Fund from Division of Natural Resources to Department of Environmental Protection.
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. 504, Relating to child support enforcement.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 524, Requiring liability for manufacturing, selling or dispensing certain controlled substances causing death.
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. 533, Relating to motor vehicle dealer requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 553, Creating Permitting and Licensing Information Act.
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. 556, Relating to towing unlawfully parked vehicles.
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. 559, Increasing certain Cultural Facilities and Capitol Resources Matching Grant Program Fund allocations.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Plymale, the following amendment to the bill was reported by the Clerk and adopted:
On page twenty-five, section ten-b, line eighty-four, by striking out "subparagraph (ii)" and inserting in lieu thereof "paragraph (B)".
The bill (Com. Sub. for Com. Sub. for S. B. No. 559), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 574, Increasing State Police compensation.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 650, Relating to Emergency Medical Services Retirement System.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 659, Increasing certain crime victims' benefits.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 666, Permitting fraternal organizations certain use of charitable raffle proceeds.
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. 676, Limiting certain park and recreation owners' liabilities.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 677, Modifying certain firearm use restrictions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 681, Creating Beckley-Raleigh County Building Code Authority.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 696, Providing appraisal methods for certain multifamily rental properties.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 702, Providing new job creation tax credit.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 706, Providing for liner placement through mined-out coal horizons.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 740, Reforming Berkeley County commission.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 767, Reducing Director of Personnel's experience requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 770, Reducing certain landfill solid waste assessment fees.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Hunter, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 777, Authorizing Marshall University and West Virginia University to manage certain real property.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 778, Relating to veterans' benefits.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 781, Relating to service of suggestee execution and notice.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 786, Authorizing Department of Administration's Real Estate Division to acquire real property.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 787, Authorizing mini trucks' registration.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Com. Sub. for Com. Sub. for Senate Bill No. 667, Relating to policemen's and firemen's pension and relief funds.
On third reading, coming up in deferred order, with the right having been granted on yesterday, Monday, February 25, 2008, for amendments to be received on third reading, was again reported by the Clerk.
On motion of Senator Barnes, the following amendments to the bill were reported by the Clerk and considered simultaneously:
On page eighty-seven, section thirty-three, line one hundred twenty-seven, after the word "one" by inserting the words "and forty-five hundredths";
On page eighty-seven, section thirty-three, line one hundred thirty, by striking out the word "fifty-five" and inserting in lieu thereof the word "sixty-nine";
On page eighty-seven, section thirty-three, line one hundred thirty-one, after the word "one" by inserting the words "and forty- five hundredths";
On page eighty-seven, section thirty-three, line one hundred thirty-eight, after the word "Treasurer" by inserting the words "that may be used by such departments for benefit programs to encourage retention and recruiting of volunteers";
On page eighty-seven, section thirty-three, line one hundred forty, by striking out the word "forty-five" and inserting in lieu thereof the word "thirty-one";
And,
On page eighty-seven, section thirty-three, line one hundred fifty, by striking out "45" and inserting in lieu thereof the word "thirty-one".
The question being on the adoption of the amendment offered by Senator Barnes to the bill, the same was put and did not prevail.
The bill was ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 667 was then read a third time and put upon its passage.
Pending extended discussion,
Senator Plymale moved the previous question, which motion prevailed.
The previous question having been ordered, that being on the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 667.
On the passage of the bill, the yeas were: Bailey, Caruth, Chafin, Facemyer, Fanning, Foster, Green, Guills, Hall, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Wells, White and Tomblin (Mr. President)--23.
The nays were: Barnes, Boley, Bowman, Deem, Sypolt, Unger and Yoder--7.
Absent: Edgell, Helmick, Sharpe and Sprouse--4.
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. 667) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Caruth, Chafin, Facemyer, Fanning, Foster, Green, Guills, Hall, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Wells, White and Tomblin (Mr. President)--23.
The nays were: Barnes, Boley, Bowman, Deem, Sypolt, Unger and Yoder--7.
Absent: Edgell, Helmick, Sharpe and Sprouse--4.
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. 667) 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 Committee Substitute for Senate Bill No. 667 having been concluded, the Senate proceeded to the consideration of
Eng. Senate Bill No. 722, Granting regulatory power to certain Board of Pharmacy facilities.
On third reading, coming up in deferred order, was again reported by the Clerk.
At the request of Senator Stollings, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motions of Senators Stollings, Prezioso and Jenkins, the following amendments to the bill were reported by the Clerk and considered simultaneously:
On pages two through eight, by striking out all of sections three and fourteen and inserting in lieu thereof the following:
§30-5-1b. Definitions.
The following words and phrases, as used in this article, have the following meanings, unless the context otherwise requires:
(1) "Administer" means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion or any other means.
(2) "Board of Pharmacy" or "board" means the West Virginia State Board of Pharmacy.
(3) "Charitable clinic pharmacy" means a clinic or facility organized as a not-for-profit corporation that offers pharmaceutical care and dispenses prescriptions free of charge to appropriately screened and qualified indigent patients. A charitable clinic pharmacy shall meet the minimum standards for a pharmacy as set forth in this article and by legislative rule promulgated by the Board of Pharmacy, but may not be charged any applicable licensing fees. A charitable clinic pharmacy may have pharmacists in charge, as that term is defined in this section, who volunteers his or her services. A charitable clinic may also receive donated drugs.
(3) (4) "Collaborative pharmacy practice" is that practice of pharmacy where one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more physicians under written protocol where the pharmacist or pharmacists may perform certain patient care functions authorized by the physician or physicians under certain specified conditions and limitations.
(4) (5) "Collaborative pharmacy practice agreement" is a written and signed agreement between a pharmacist, a physician and the individual patient, or the patient's authorized representative who has granted his or her informed consent, that provides for collaborative pharmacy practice for the purpose of drug therapy management of a patient, which has been approved by the Board of Pharmacy, the Board of Medicine in the case of an allopathic physician or the West Virginia Board of Osteopathy in the case of an osteopathic physician.
(5) (6) "Compounding" means:
(A) The preparation, mixing, assembling, packaging or labeling of a drug or device:
(i) As the result of a practitioner's prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice for sale or dispensing; or
(ii) For the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale or dispensing; and
(B) The preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns.
(6) (7) "Confidential information" means information maintained by the pharmacist in the patient record or which is communicated to the patient as part of patient counseling or which is communicated by the patient to the pharmacist. This information is privileged and may be released only to the patient or to other members of the health care team and other pharmacists where, in the pharmacists' professional judgment, the release is necessary to the patient's health and well-being; to health plans, as that term is defined in 45 CFR §160.103, for payment; to other persons or governmental agencies authorized by law to receive the privileged information; as necessary for the limited purpose of peer review and utilization review; as authorized by the patient or required by court order. Appropriate disclosure, as permitted by this section, may occur by the pharmacist either directly or through an electronic data intermediary, as defined in subdivision (14) of this section.
(7) (8) "Deliver" or "delivery" means the actual, constructive or attempted transfer of a drug or device from one person to another, whether or not for a consideration.
(8) (9) "Device" means an instrument, apparatus, implement or machine, contrivance, implant or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, "Caution: Federal or state law requires dispensing by or on the order of a physician."
(9) (10) "Dispense" or "dispensing" means the preparation and delivery of a drug or device in an appropriately labeled and suitable container to a patient or patient's representative or surrogate pursuant to a lawful order of a practitioner for subsequent administration to, or use by, a patient.
(10) (11) "Distribute" means the delivery of a drug or device other than by administering or dispensing.
(11) (12) "Drug" means:
(A) Articles recognized as drugs in the USP-DI, facts and comparisons, physician's desk reference or supplements thereto for use in the diagnosis, cure, mitigation, treatment or prevention of disease in human or other animals;
(B) Articles, other than food, intended to affect the structure or any function of the body of human or other animals; and
(C) Articles intended for use as a component of any articles specified in paragraph (A) or (B) of this subdivision.
(12) (13) "Drug regimen review" includes, but is not limited to, the following activities:
(A) Evaluation of the prescription drug orders and patient records for:
(i) Known allergies;
(ii) Rational therapy-contraindications;
(iii) Reasonable dose and route of administration; and
(iv) Reasonable directions for use.
(B) Evaluation of the prescription drug orders and patient records for duplication of therapy.
(C) Evaluation of the prescription drug for interactions and/or adverse effects which may include, but are not limited to, any of the following:
(i) Drug-drug;
(ii) Drug-food;
(iii) Drug-disease; and
(iv) Adverse drug reactions.
(D) Evaluation of the prescription drug orders and patient records for proper use, including overuse and underuse, and optimum therapeutic outcomes.
(13) (14) "Drug therapy management" means the review of drug therapy regimens of patients by a pharmacist for the purpose of evaluating and rendering advice to a physician regarding adjustment of the regimen in accordance with the collaborative pharmacy practice agreement. Decisions involving drug therapy management shall be made in the best interest of the patient. Drug therapy management shall be limited to:
(A) Implementing, modifying and managing drug therapy according to the terms of the collaborative pharmacy practice agreement;
(B) Collecting and reviewing patient histories;
(C) Obtaining and checking vital signs, including pulse, temperature, blood pressure and respiration;
(D) Ordering screening laboratory tests that are dose related and specific to the patient's medication or are protocol driven and are also specifically set out in the collaborative pharmacy practice agreement between the pharmacist and physician.
(14) (15) "Electronic data intermediary" means an entity that provides the infrastructure to connect a computer system, hand-held electronic device or other electronic device used by a prescribing practitioner with a computer system or other electronic device used by a pharmacist to facilitate the secure transmission of:
(A) An electronic prescription order;
(B) A refill authorization request;
(C) A communication; or
(D) Other patient care information.
(15) (16) "E-prescribing" means the transmission, using electronic media, of prescription or prescription-related information between a practitioner, pharmacist, pharmacy benefit manager or health plan as defined in 45 CFR §160.103, either directly or through an electronic data intermediary. E-prescribing includes, but is not limited to, two-way transmissions between the point of care and the pharmacist. E-prescribing may also be referenced by the terms "electronic prescription" or "electronic order".
(16) (17) "Intern" means an individual who is:
(A) Currently registered by this state to engage in the practice of pharmacy while under the supervision of a licensed pharmacist and is satisfactorily progressing toward meeting the requirements for licensure as a pharmacist; or
(B) A graduate of an approved college of pharmacy or a graduate who has established educational equivalency by obtaining a foreign pharmacy graduate examination committee (FPGEC) certificate who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or
(C) A qualified applicant awaiting examination for licensure; or
(D) An individual participating in a residency or fellowship program.
(17) (18) "Labeling" means the process of preparing and affixing a label to a drug container exclusive, however, of a labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device. Any label shall include all information required by federal law or regulation and state law or rule.
(18) (19) "Mail-order pharmacy" means a pharmacy, regardless of its location, which dispenses greater than ten percent prescription drugs via the mail.
(19) (20) "Manufacturer" means a person engaged in the manufacture of drugs or devices.
(20) (21) "Manufacturing" means the production, preparation, propagation or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of the substance or substances or labeling or relabeling of its contents and the promotion and marketing of the drugs or devices. Manufacturing also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners or other persons.
(21) (22) "Nonprescription drug" means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government.
(22) (23) "Patient counseling" means the oral communication by the pharmacist of information, as defined in the rules of the board, to the patient to improve therapy by aiding in the proper use of drugs and devices.
(23) (24) "Person" means an individual, corporation, partnership, association or any other legal entity, including government.
(24) (25) "Pharmaceutical care" is the provision of drug therapy and other pharmaceutical patient care services intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms or arresting or slowing of a disease process as defined in the rules of the board.
(25) (26) "Pharmacist" or "registered pharmacist" means an individual currently licensed by this state to engage in the practice of pharmacy and pharmaceutical care.
(26) (27) "Pharmacist-in-charge" means a pharmacist currently licensed in this state who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs and who is personally in full and actual charge of the pharmacy and personnel.
(27) (28) "Pharmacist's scope of practice pursuant to the collaborative pharmacy practice agreement" means those duties and limitations of duties placed upon the pharmacist by the collaborating physician, as jointly approved by the Board of Pharmacy and the Board of Medicine or the Board of Osteopathy.
(28) (29) "Pharmacy" means any drugstore, apothecary or place within this state where drugs are dispensed and sold at retail or displayed for sale at retail and pharmaceutical care is provided and any place outside of this state where drugs are dispensed and pharmaceutical care is provided to residents of this state.
(29) (30) "Physician" means an individual currently licensed, in good standing and without restrictions, as an allopathic physician by the West Virginia Board of Medicine or an osteopathic physician by the West Virginia Board of Osteopathy.
(30) (31) "Pharmacy technician" means registered supportive personnel who work under the direct supervision of a pharmacist who have passed an approved training program as described in this article.
(31) (32) "Practitioner" means an individual currently licensed, registered or otherwise authorized by any state, territory or district of the United States to prescribe and administer drugs in the course of professional practices, including allopathic and osteopathic physicians, dentists, physician assistants, optometrists, veterinarians, podiatrists and nurse practitioners as allowed by law.
(32) (33) "Preceptor" means an individual who is currently licensed as a pharmacist by the board, meets the qualifications as a preceptor under the rules of the board and participates in the instructional training of pharmacy interns.
(33) (34) "Prescription drug" or "legend drug" means a drug which, under federal law, is required, prior to being dispensed or delivered, to be labeled with either of the following statements:
(A) "Caution: Federal law prohibits dispensing without prescription"; or
(B) "Caution: Federal law restricts this drug to use by, or on the order of, a licensed veterinarian"; or a drug which is required by any applicable federal or state law or rule to be dispensed pursuant only to a prescription drug order or is restricted to use by practitioners only.
(34) (35) "Prescription drug order" means a lawful order of a practitioner for a drug or device for a specific patient.
(35) (36) "Prospective drug use review" means a review of the patient's drug therapy and prescription drug order, as defined in the rules of the board, prior to dispensing the drug as part of a drug regimen review.
(36) (37) "USP-DI" means the United States pharmacopeia- dispensing information.
(37) (38) "Wholesale distributor" means any person engaged in wholesale distribution of drugs, including, but not limited to, manufacturers' and distributors' warehouses, chain drug warehouses and wholesale drug warehouses, independent wholesale drug trader and retail pharmacies that conduct wholesale distributions.
§30-5-3. When licensed pharmacist required; person not licensed pharmacist, pharmacy technician or licensed intern not to compound prescriptions or dispense poisons or narcotics; licensure of interns; prohibiting the dispensing of prescription orders in absence of practitioner-patient relationship.

(a) It is unlawful for any person not a pharmacist, or who does not employ a pharmacist, to conduct any pharmacy or store for the purpose of retailing, compounding or dispensing prescription drugs or prescription devices.
(b) It is unlawful for the proprietor of any store or pharmacy, any ambulatory health care facility, as that term is defined in section one, article five-b, chapter sixteen of this code, that offers pharmaceutical care, or a facility operated to provide health care or mental health care services free of charge or at a reduced rate and that operates a charitable clinic pharmacy to permit any person not a pharmacist to compound or dispense prescriptions or prescription refills or to retail or dispense the poisons and narcotic drugs named in sections two, three and six, article eight, chapter sixteen of this code: Provided, That a licensed intern may compound and dispense prescriptions or prescription refills under the direct supervision of a pharmacist: Provided, however, That registered pharmacy technicians may assist in the preparation and dispensing of prescriptions or prescription refills including, but not limited to, reconstitution of liquid medications, typing and affixing labels under the direct supervision of a licensed pharmacist.
(c) It is the duty of a pharmacist or employer who employs an intern to license the intern with the board within ninety days after employment. The board shall furnish proper forms for this purpose and shall issue a certificate to the intern upon licensure.
(d) The experience requirement for licensure as a pharmacist shall be computed from the date certified by the supervising pharmacist as the date of entering the internship. If the internship is not registered with the board of pharmacy, then the intern shall receive no credit for such experience when he or she makes application for examination for licensure as a pharmacist: Provided, That credit may be given for such unregistered experience if an appeal is made and evidence produced showing experience was obtained but not registered and that failure to register the internship experience was not the fault of the intern.
(e) An intern having served part or all of his or her internship in a pharmacy in another state or foreign country shall be given credit for the same when the affidavit of his or her internship is signed by the pharmacist under whom he or she served, and it shows the dates and number of hours served in the internship and when the affidavit is attested by the secretary of the state board of pharmacy of the state or country where the internship was served.
(f) Up to one third of the experience requirement for licensure as a pharmacist may be fulfilled by an internship in a foreign country.
(g) No pharmacist may compound or dispense any prescription order when he or she has knowledge that the prescription was issued by a practitioner without establishing an ongoing practitioner-patient relationship. An online or telephonic evaluation by questionnaire is inadequate to establish an appropriate practitioner-patient relationship: Provided, That this prohibition does not apply:
(1) In a documented emergency;
(2) In an on-call or cross-coverage situation; or
(3) Where patient care is rendered in consultation with another practitioner who has an ongoing relationship with the patient and who has agreed to supervise the patient's treatment, including the use of any prescribed medications.
§30-5-14. Pharmacies to be registered; permit to operate; fees; pharmacist to conduct business.

(a) The board of pharmacy shall require and provide for the annual registration of every pharmacy doing business in this state, including an ambulatory health care facility, as that term is defined in section one, article five-b of chapter sixteen of this code, who offers pharmaceutical care, and a facility operated to provide health care or mental health care services free of charge or at a reduced rate and who operates charitable clinic pharmacy. Any person, firm, corporation or partnership desiring to operate, maintain, open or establish a pharmacy in this state shall apply to the board of pharmacy for a permit to do so. The application for such permit shall be made on a form prescribed and furnished by the board of pharmacy, which, when properly executed, shall indicate the owner, manager, trustee, lessee, receiver, or other person or persons desiring such permit, as well as the location of such pharmacy, including street and number, and any other information as the board of pharmacy may require. If it is desired to operate, maintain, open or establish more than one pharmacy, separate application shall be made and separate permits or licenses shall be issued for each.
(b) Every initial application for a permit shall be accompanied by the required fee of one hundred fifty dollars. The fee for renewal of such permit or license shall be one hundred dollars annually.
(c) If an application is approved, the secretary of the board of pharmacy shall issue to the applicant a permit or license for each pharmacy for which application is made. Permits or licenses issued under this section shall not be transferable and shall expire on the thirtieth day of June of each calendar year, and if application for renewal of permit or license is not made on or before that date, or a new one granted on or before the first day of August, following, the old permit or license shall lapse and become null and void and shall require an inspection of the pharmacy and a fee of one hundred fifty dollars plus one hundred fifty dollars for the inspection.
(d) Every place of business so registered shall employ a pharmacist in charge and operate in compliance with the general provisions governing the practice of pharmacy and the operation of a pharmacy.
(e) The provisions of this section shall have no application to the sale of nonprescription drugs which are not required to be dispensed pursuant to a practitioner's prescription.;
On page nine, section twenty-one, line twenty-nine, by striking out the words "offers pharmaceutical care" and inserting in lieu thereof the words "operates a charitable clinic pharmacy";
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §30-5-1b, §30-5-3, §30-5-14 and §30-5-21 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:.
Following discussion,
The question being on the adoption of the amendments offered by Senators Stollings, Prezioso and Jenkins to the bill (S. B. No. 722), the same was put and prevailed.
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 722 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr. President)--25.
The nays were: Barnes, Caruth, Hunter, McKenzie and Yoder--5.
Absent: Edgell, Helmick, Sharpe and Sprouse--4.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 722) passed.
On motion of Senator Stollings, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 722--A Bill to amend and reenact §30-5- 1b, §30-5-3, §30-5-14 and §30-5-21 of the Code of West Virginia, 1931, as amended, all relating to regulation by the Board of Pharmacy of ambulatory health care facilities and free clinics who dispense pharmaceuticals; and defining terms.
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. 722 having been concluded, the Senate proceeded to the consideration of
Eng. Com. Sub. for Senate Bill No. 758, Specifying certain terms of Public Employees Insurance Agency participation.
On third reading, coming up in deferred order, was again reported by the Clerk.
At the request of Senator Plymale, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 693, Creating senior resident lifetime hunting, fishing and trapping license.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Barnes.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Wells, the name of Senator Wells was removed as a sponsor of Engrossed Committee Substitute for Senate Bill No. 758 (Specifying certain terms of Public Employees Insurance Agency participation).
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, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, February 27, 2008, at 11 a.m.
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