Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FORTY-FIRST DAY

____________

Charleston, W. Va., Monday, February 17, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Nancy Bradley, Associate Pastor, Sar Shalom Bible Center, Hurricane, West Virginia.

    Pending the reading of the Journal of Friday, February 14, 2014,

    On motion of Senator Prezioso, the Journal was approved and the further reading thereof dispensed with.

    At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military veterans privileges of the floor for the day.

    The Senate proceeded to the second order of business and the introduction of guests.

    On motion of Senator Unger, the Senate recessed for five minutes to permit Lydia Holmstrand to address the Senate on behalf of the Governor’s Honors Academy and Bonnie Walton to address the Senate on behalf of the Governor’s School for the Arts.

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

    The Senate then proceeded to the third order of business.

    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. House Bill No. 4159--A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; and specifying effective date.

    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. 4188--A Bill to repeal §30-7B-8 and §30-7B-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18C-3-4; and to amend and reenact §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6 and §30-7B-7 of said code, all relating to recruitment and retention of nurses in the state; codifying Nursing Scholarship Program; modifying program administration; specifying program criteria, eligibility and awards; specifying recipient service or repayment requirement; continuing the Center for Nursing Fund special revenue account; modifying account administration, revenues and expenditures; continuing the West Virginia Center for Nursing; modifying center powers, duties and purpose; reorganizing the center’s board of directors; modifying board membership, powers and duties; authorizing board member expense reimbursement; requiring cooperation among Higher Education Policy Commission, Center for Nursing and Board of Directors; defining terms; requiring legislative rule; authorizing emergency rule; requiring reports to the Legislative Oversight Commission on Health and Human Resources Accountability and the Legislative Oversight Commission on Education Accountability; deleting obsolete provisions; and making technical changes.

    Referred to the Committee on Health and Human Resources; and then 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. 4298--A Bill to amend and reenact §6B-2-1 of the Code of West Virginia, 1931, as amended, relating to changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.

    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. House Bill No. 4301--A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to hunting, trapping and fishing licenses; allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky; and requiring military identification for active duty members of the Armed Forces hunting, trapping or fishing while on furlough.

    Referred to the Committee on Interstate Cooperation; 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. 4343--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B-2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-2I-41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17 and §11-21A-18, all relating generally to economic development and job creation; creating the West Virginia Project Launchpad Act; providing short title; providing legislative purpose and finding; defining certain terms; providing criteria for establishment of West Virginia project launchpads by Governor; allowing county commissions and county councils to apply for launchpad designations; providing for form and content of applications; specifying process for review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding in launchpads including state and local tax relief and other economic benefits; prohibiting qualified businesses in a launchpad from employing illegal aliens, engaging in illegal activity or being delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor businesses; requiring qualified business to comply with applicable zoning laws and state and local building and other codes; providing for recapture of taxes and other economic benefits under specified circumstances; promulgation of rules; imposing civil and criminal penalties for noncompliance; providing rules of application and construction; requiring periodic reports to Governor and Legislature; providing for severability and expiration; providing a special method for appraising property in launchpad for economic development; providing short title; defining certain terms; providing method of valuation of launchpad property; providing for initial determination of value by assessor and for protest and appeals; requiring periodic reports to Governor and Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act; providing short title and scope of article; defining certain terms; providing qualification for benefits; specifying benefits upon application and review; specifying annual cap on benefits; providing for recapture of benefits; providing for administration and enforcement of article including issuance of regulations; requiring periodic reports to Governor and Legislature; and specifying effective dates.

    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. 4394--A Bill to amend and reenact §18A-2-2, §18A-2-3 and §18A-2-7a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 of said code; and to amend and reenact §18A-4-7a, all relating to the filling of professional personnel positions in the public schools; adjusting dates for certain notices to accommodate flexibility in the beginning date of the instructional term; defining critical need and shortage for substitute teachers; creating deadline for retirement before employment as substitute; requiring posting of certain positions on statewide job bank after certain date; requiring monitoring, enforcement and reporting on job bank positions; expanding purposes of statewide job bank; requiring application information for positions posted on job bank; requiring information on loan forgiveness on job bank; defining critical need and shortage area position; requiring continuous posting on job bank; requiring certain other positions to be posted as critical need and shortage positions; correcting references to outdated provisions; requiring issuance of additional content area certifications upon submission of certain test scores; specifying certain provisions in teacher-in-residence program agreement; requiring principals and teachers to consider certain qualifications in making recommendation for employment of classroom teacher and document consideration; limiting resignation and employment in another county in professional positions after twentieth prior to instructional term subject to certain exception; requiring position postings on county website; requiring information on loan forgiveness programs applicable to position; and making technical improvements.

    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. 4402--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-6-26, relating to the conditional discharge for first offense underage purchase, consumption, sale, service or possession of nonintoxicating beer or alcoholic liquor.

    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

    Com. Sub. for House Concurrent Resolution No. 79--Requesting the Division of Highways to name bridge number 27-19-0.42 (27A109), commonly known as the Lane Street Bridge, located on Lane Street, Old Route 33, in New Haven, Mason County, the "Ord Brothers Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:

    By Senators Kirkendoll, Stollings, Miller, Facemire, Cann, Edgell, Green, D. Hall, McCabe, Unger, Kessler (Mr. President), Plymale and Jenkins:

    Senate Bill No. 603--A Bill to amend and reenact §22A-2-43 of the Code of West Virginia, 1931, as amended, relating to requiring automatic de-energization of an extraction apparatus where a machine-mounted methane monitor indicates a methane concentration of one and five-tenths percent; and removing the requirement that the Board of Coal Mine Health and Safety promulgate a legislative rule defining the term “sustained period”.

    Referred to the Committee on Energy, Industry and Mining.

    By Senators Kirkendoll, Green, Miller, Facemire, Cann, Edgell, D. Hall, Stollings, Unger, Plymale and Jenkins:

    Senate Bill No. 604--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4 and §11-13DD-5, all relating to providing a tax credit to coal producers who sell coal to taxpayers who increase their consumption of West Virginia coal in this state for the purpose of increasing coal production and coal-related employment in West Virginia.

    Referred to the Committee on Economic Development; and then to the Committee on Finance.

    By Senators Walters, McCabe, Palumbo and Wells:

    Senate Bill No. 605--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1F-10, relating to creating and funding the establishment of a facility that studies and creates solutions to separate individual chemicals out of water; and providing funding from the Legislature’s TRAFFIC Fund.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Barnes, Tucker, Beach, Cann, Cookman, Edgell, Green, Laird, Miller, Palumbo, Sypolt, Plymale and Jenkins:

    Senate Bill No. 606--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-4-24, relating to implementing a surcharge on licensed exotic entertainment facilities to provide funding for rape information and prevention services and rape crisis centers; findings; reporting requirements; Sexual Assault Fund to End Rape created; dispersal of grants for rape information and prevention services and rape crisis centers; rules; and civil penalty.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Barnes, Cann, Carmichael, Edgell, Green, Jenkins, Laird, Palumbo, Sypolt, Tucker, Plymale, Fitzsimmons, Yost, M. Hall, Cookman, D. Hall and Wells:

    Senate Bill No. 607--A Bill to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8B-1 and §61-8B-3 of said code, all relating to crimes against the person; providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense; and providing criminal penalties.

    Referred to the Committee on the Judiciary.

    By Senators Beach, Walters, Edgell, Unger, D. Hall and Wells:

    Senate Bill No. 608--A Bill to amend and reenact §17C-7-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-11-5 and §17C-11-7 of said code, all relating to overtaking a bicycle on a roadway; and eliminating the prohibition against bicycles on roadways when usable adjacent paths are available.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

    By Senators Fitzsimmons, Edgell, Yost, Kessler (Mr. President) and Jenkins:

    Senate Bill No. 609--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-1-6; and to amend and reenact §59-1-10 of said code, all relating to requiring each judicial circuit to have a court-appointed special advocate program and each county to have a special advocate for children in abuse and neglect proceedings; raising the price of a certified copy of a birth certificate, death certificate or marriage license from $5 to $11; and creating a fund within the State Treasury to pay for the implementation and sustenance of court-appointed special advocate programs.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senator D. Hall:

    Senate Bill No. 610--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §33-15-4l; to amend said code by adding thereto a new section, designated §33-16-3x; to amend said code by adding thereto a new section, designated §33-24-7m; to amend said code by adding thereto a new section, designated §33-25-8j; and to amend said code by adding thereto a new section, designated §33-25A-8l, all relating generally to requiring health insurance coverage for nonnarcotic pain relief systems, driven by an elastomeric pump that automatically and continuously delivers local anesthetic by way of a catheter for targeted pain relief, or other similar device or method, when determined to be a medically suitable treatment for pain.

    Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.

    By Senator D. Hall:

    Senate Bill No. 611--A Bill to amend and reenact §7-5-22 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-15-11 of said code; to amend and reenact §22-16-4 of said code; and to amend and reenact §22C-4-30 of said code, all relating to county solid waste disposal fees generally; raising the county solid waste assessment fee to $0.75; and exempting from the fee solid waste that is transported by rail to a solid waste disposal facility located in a county bordering another state.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators D. Hall, Williams and Stollings:

    Senate Bill No. 612--A Bill to amend and reenact §20-2-23a of the Code of West Virginia, 1931, as amended, relating to discontinuing the moratorium on the issuance of commercial rafting licenses on a section of the New River.

    Referred to the Committee on Natural Resources.

    By Senators Kirkendoll, Stollings, Kessler (Mr. President), Plymale and Jenkins:

    Senate Bill No. 613--A Bill to amend and reenact §11-13BB-3 of the Code of West Virginia, 1931, as amended, relating to including proximity detection systems and cameras used on continuous mining machines and underground haulage equipment for tax credit purposes under the West Virginia Innovative Mine Safety Technology Tax Credit Act.

    Referred to the Committee on Economic Development; and then to the Committee on Finance.

    By Senators Barnes, D. Hall, Laird, Tucker, Stollings, Cookman and Wells:

    Senate Bill No. 614--A Bill to amend and reenact §48-10-502 of the Code of West Virginia, 1931, as amended, relating to grandparent visitation; and determining when a grandparent has standing for custody of a child.

    Referred to the Committee on the Judiciary.

    By Senators Fitzsimmons, Edgell, Yost and Kessler (Mr. President):

    Senate Bill No. 615--A Bill to amend and reenact §11-6B-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-6B-3a, all relating to the creation of a $20,000 annual flood zone homestead property tax exemption; defining “high-risk area”; and providing eligibility qualifications for the flood zone homestead property tax exemption.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senator Unger:

    Senate Bill No. 616--A Bill to amend and reenact §5B-2F-2 of the Code of West Virginia, 1931, as amended, relating to creating the Energy Development Fund; allowing the Division of Energy to accept and use gifts, donations and contributions; and authorizing expenditures.

    Referred to the Committee on Finance.

    By Senator Stollings:

    Senate Bill No. 617--A Bill to repeal §30-23-3, §30-23-5, §30-23-6, §30-23-8 and §30-23-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-23-4, §30-23-7, §30-23-9, §30-23-15 and §30-23-17 of said code, all relating to termination of the Medical Imaging and Radiation Therapy Technology Board of Examiners; providing for simplifying the regulations for medical imaging professionals by making them subject to national certifying organizations; requiring the Board of Medicine to verify certification with a national certifying organization; and granting rule-making authority.

    Referred to the Committee on Government Organization.

    By Senator Wells:

    Senate Bill No. 618--A Bill to amend and reenact §8-12-5f of the Code of West Virginia, 1931, as amended, relating to allowing municipalities to designate a special class of taxicabs that may be operated out of the owner’s personal vehicles during designated evening and early-morning hours; establishing a limit on the number of the taxicabs; and clarifying that the special class of taxicabs would supplement rather than supplant existing services.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.

    By Senator Tucker:

    Senate Bill No. 619--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5d, relating to creating an exemption to the certificate of need process for certain critical access hospitals in certain situations.

    Referred to the Committee on Health and Human Resources.

    By Senators Palumbo, Williams and D. Hall:

    Senate Bill No. 620--A Bill to amend and reenact §15-2-4 of the Code of West Virginia, 1931, as amended, relating to giving the Superintendent of State Police authority to hire additional staff, including legal counsel, when necessary.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Fitzsimmons, Kessler (Mr. President), Edgell, Yost and Cookman:

    Senate Bill No. 621--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-49-6, §33-49-7, §33-49-8 and §33-49-9, all relating to authorizing insurers to offer flood insurance in this state; providing legislative findings; defining the term “flood”; establishing the minimum coverage requirements for these policies; providing coverage limitations that an insurer may include in these policies; requiring that certain limitations be noted on the policy declarations or face page; providing the insurer with rate options and the Insurance Commissioner with rate-making authority; requiring the insurer to provide notice that flood insurance is available from the National Flood Insurance Program; allowing an insurer to export a contract or endorsement of a certain amount to a surplus lines insurer without meeting certain requirements; providing prior notice requirements for cancellation or nonrenewal of a policy; requiring the insurer to notify the commissioner before writing flood insurance and to file a plan of operation with the commissioner; providing that any conflict with other provisions of the West Virginia insurance code are preempted by this article; and requiring the Insurance Commissioner to provide certification that a condition qualifies for flood insurance or disaster assistance.

    Referred to the Committee on Banking and Insurance.

    By Senators Wells, Palumbo, Walters and McCabe:

    Senate Bill No. 622--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1F-10, relating to creating and funding the establishment of a facility that studies and creates solutions to maintain, improve and protect water quality and quantity in West Virginia; and providing a one-time funding from the Legislature.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Palumbo, Tucker and Snyder:

    Senate Bill No. 623--A Bill to amend and reenact §22A-1A-1 of the Code of West Virginia, 1931, as amended, relating to Office of Miners’ Health, Safety and Training administration and substance abuse; and requiring employers to notify the director of a positive drug or alcohol test, refusing to submit a sample, possessing a substituted sample, submitting a substituted sample, possessing an adulterated sample or submitting an adulterated sample.

    Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.

    By Senator Yost:

    Senate Bill No. 624--A Bill to amend and reenact §22A-1A-1 of the Code of West Virginia, 1931, as amended, relating to employers’ substance abuse screening policies and programs for safety-sensitive positions in mining operations; and providing for certificate suspension and revocation proceedings when a certified individual is denied employment, withdraws an application for employment, is discharged or resigns for violation of the employer's substance abuse screening policy and program.

    Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.

    By Senator Beach:

    Senate Bill No. 625--A Bill to repeal §30-21-7a, §30-21-7b, §30-21-7c, §30-21-7d, §30-21-7e, §30-21-8a and §30-21-10a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-21-1, §30-21-2, §30-21-3, §30-21-4, §30-21-5, §30-21-6, §30-21-7, §30-21-8, §30-21-9, §30-21-10, §30-21-11, §30-21-12, §30-21-13, §30-21-14 and §30-21-17 of said code; and to amend said code by adding thereto twelve new sections, designated §30-21-16, §30-21-18, §30-21-19, §30-21-20, §30-21-21, §30-21-22, §30-21-23, §30-21-24, §30-21-25, §30-21-26, §30-21-27 and §30-21-28, all relating to the practice of psychology; prohibiting the practice of psychology without a license; providing other applicable sections; defining terms; continuing and renaming board; providing for board composition, appointments, qualifications, terms of office, filling of vacancies and holding meetings; providing for compensation and reimbursement for board members; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license and certification requirements; setting forth scopes of practices; providing for licensure for persons licensed in another state; establishing renewal requirements; establishing delinquent, expired and inactive license requirements; providing temporary permit requirements; requiring license to be displayed; providing for privileged communications and exceptions; providing the board may issue notices to cease and desist; providing that circuit courts may issue injunctions; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for the investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; and providing for criminal penalties.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.

    By Senators Unger and Wells:

    Senate Bill No. 626--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-12-1, §5A-12-2, §5A-12-3, §5A-12-4, §5A-12-5, §5A-12-6, §5A-12-7, §5A-12-8, §5A-12-9, §5A-12-10, §5A-12-11, §5A-12-12 and §5A-12-13, all relating to the Elk River Spill Victims’ Compensation Act; creating the Office of Elk River Spill Victims’ Compensation Fund within the Department of Administration; defining terms; authorizing the director to investigate the spill and determine potentially responsible parties; establishing criteria for eligibility; providing for due process; providing for exclusivity of remedies; providing for subrogation on behalf of the state; authorizing a study to determine the feasibility of a permanent fund and providing program will be effective when adequate funding is available.

    Referred to the Committee on Natural Resources; and then to the Committee on Finance.

    By Senator Miller:

    Senate Bill No. 627--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-29; and to amend said code by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17 and §22-30-18, all relating generally to preventing and mitigating catastrophes involving toxic substances; providing the Division of Homeland Security and Emergency Management with subpoena powers; giving the division the ability to hire hearing examiners and other staff; giving a short title to article thirty, chapter twenty-two of this code; providing legislative findings and a purpose for the section; defining terms in the article; listing extraordinarily hazardous substances; providing a registration process for facilities that generate, store or handle toxic substances; listing safer materials, methods and technologies; providing a risk management program for registrants; providing a process for a risk management assessment; providing a hazardous substance risk reduction plan; providing a process for verification of compliance; authorizing the division to propose legislative rules regarding the issuance of insurance; requiring the agency to propose rules for the protection of confidential information; providing violations and penalties for violations of this article; providing for collection of fees from facility owners and operators; providing guidance for the division’s working relationship with local governmental bodies; providing the division with adjudicative powers; providing the division with an adjudicatory procedure and process; and providing an appeal process on final judgments.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Unger, Yost and Stollings:

    Senate Bill No. 628--A Bill to repeal §17-4A-1, §17-4A-2 and §17-4A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6 and §16-46-7, all relating to creating the Healthy Children and Healthy Communities Act; providing a short title; defining “complete streets”; requiring consideration by the Division of Highways and local governments of the implementation of pedestrian-friendly policies for all streets in order to encourage and allow utilization for a healthy active lifestyle; requiring consultation by the Division of Highways with the Bureau for Public Health to determine options for healthy community activities; providing for model policies; creating exceptions; creating the Healthy Communities Advisory Board; providing for reimbursement of mileage expenses of board members; requiring annual reports; and requiring county school boards, the Bureau for Public Health and the Division of Highways to investigate possibilities for collaborative agreements for use of all available public facilities in communities for creation of healthy lifestyle opportunities and submit a report to the Joint Committee on Children and Families outlining how every public facility may be utilized by respective communities.

    Referred to the Select Committee on Children and Poverty; and then to the Committee on Health and Human Resources.

    By Senators Chafin and Plymale:

    Senate Bill No. 629--A Bill to amend and reenact §11-16-18 and §11-16-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-24 of said code; to amend and reenact §60-6-8 of said code; to amend and reenact §60-7-12a of said code; and to amend and reenact §60-8-20a of said code, all relating to creating the misdemeanor offense for a person who commits an assault upon an employee of the Alcohol Beverage Control Commissioner while engaged in the performance of his or her duties.

    Referred to the Committee on the Judiciary.

    By Senators Tucker and Plymale:

    Senate Bill No. 630--A Bill to amend and reenact §17A-6A-1, §17A-6A-3, §17A-6A-4, §17A-6A-5, §17A-6A-6, §17A-6A-7, §17A-6A-8, §17A-6A-8a, §17A-6A-10, §17A-6A-11, §17A-6A-12, §17A-6A-13, §17A-6A-18, §17A-6A-19, §17A-6A-20 and §17A-6A-21 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto seven new sections, designated §17A-6A-12a, §17A-6A-12b, §17A-6A-12c, §17A-6A-14a, §17A-6A-15, §17A-6A-16 and §17A-6A-17, all relating to motor vehicle dealers, distributors, wholesalers and manufacturers.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

    Senators Palumbo, McCabe, Walters, Wells, Unger and Stollings offered the following resolution:

    Senate Concurrent Resolution No. 36--Requesting the Division of Highways to name the portion of Route 25, from its intersection at West 11th Street to its intersection at Republic Way, in Kanawha County, West Virginia, the “Army Sgt. James Lawrence Taylor Memorial Road”.

    Whereas, Sergeant James Lawrence Taylor was born on June 9, 1943, the son of Monte and Ruth Taylor of Nitro, and brother of Monte, Jr., Kent, Jerry and David; and

    Whereas, Sergeant James Lawrence Taylor attended Nitro High School, but left in 1960 before graduating to enlist in the Army, serving in Germany and Vietnam; and

    Whereas, While in Vietnam, Sergeant James Lawrence Taylor was a member of the 5th Mobile Strike Force Command, Detachment A-503, known as the Green Berets; and

    Whereas, On March 9, 1966, Sergeant James Lawrence Taylor was on a special mission to reinforce a special force detachment located at Camp A Shau in South Vietnam when Camp A Shau came under attack by Viet Cong; and

    Whereas, Sergeant James Lawrence Taylor assumed command when the company commander was killed by enemy fire; and

    Whereas, Sergeant James Lawrence Taylor was injured by Viet Cong rifle fire, and he was carried out of Camp A Shau when troops were forced to abandon the evacuation; and

    Whereas, Sergeant James Lawrence Taylor’s body was never recovered, and he was presumed dead by the military; and

    Whereas, Sergeant James Lawrence Taylor was awarded the Purple Heart medal posthumously in 1966; and

    Whereas, It is only fitting and proper that this stretch of road, in the county of his birth and the area in which he lived all his young life, be named in his honor so that Sergeant James Lawrence Taylor’s supreme sacrifice will be memorialized and not forgotten; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the

the portion of Route 25, from its intersection at West 11th Street to its intersection at Republic Way, in Kanawha County, West Virginia, the “Army Sgt. James Lawrence Taylor Memorial Road”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to make two signs that state, in bold and prominent lettering, the “Army Sgt. James Lawrence Taylor Memorial Road” and to erect these signs on either side of that stretch of road; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Sergeant James Lawrence Taylor.

    Which, under the rules, lies over one day.

    Senators Kirkendoll, Stollings, Unger, Jenkins and Cole offered the following resolution:

    Senate Concurrent Resolution No. 37--Requesting the Division of Highways to name a stretch of road beginning at Route 10 and the Logan and Lincoln county line, going one mile into Logan, the “Lance Corporal Larry G. Williamson Memorial Highway”.

    Whereas, Lance Corporal Larry G. Williamson was born on February 9, 1947, in Lincoln County to John B. and Georgia Napier Williamson. He had three sisters, Patty Egnor, Peggy Perry (deceased) and Robin Williamson. Larry attended Harts High School, played varsity basketball, was on the school newspaper and was secretary/treasurer of his senior class. He graduated in 1964 and attended Marshall University’s Logan branch for two years. On September 9, 1967, at the age of twenty, Larry married Wanda Brumfield and moved to Columbus, Ohio, where he became manager of car parts and tires at a Firestone Automotive Center; and

    Whereas, In January, 1969, Larry was drafted from West Virginia. While on a bus taking him for Army training, he was among the draftees separated and reassigned to the Marines. He received basic training at Camp Pendleton, California, and after a brief visit home was ordered to Vietnam and assigned to the 5th Marine Division. He soon received a promotion to Lance Corporal. In Vietnam, Larry was assigned as a squad leader in the First Platoon of Company G. On March 11, 1970, the squad was acting as a blocking force and was located approximately two miles northeast of An Hoa Combat Base in Quang Nam Province. Lance Corporal Larry G. Williamson was killed when a well-concealed explosive device detonated. A squad corpsman rushed to his aid but death had been instantaneous. Lance Corporal Larry G. Williamson received a Purple Heart, Rifle Sharpshooter, National Defense, Republic of Vietnam Service, Chien Dich Vietnam Medal and Boi-Tinh 1960 Medals; and

    Whereas, Lance Corporal Larry G. Williamson made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed. Naming that stretch of road in Logan County the “Lance Corporal Larry G. Williamson Memorial Highway” is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name that one mile stretch of road beginning at Route 10 and the Logan and Lincoln county line, going one mile into Logan, the “Lance Corporal Larry G. Williamson Memorial Highway”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the one-mile stretch of road beginning at Route 10 and the Logan and Lincoln county line, going one mile into Logan, containing bold and prominent letters proclaiming the stretch of road the “Lance Corporal Larry G. Williamson Memorial Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Lance Corporal Larry G. Williamson.

    Which, under the rules, lies over one day.

    Senators Plymale, Unger, Stollings, Prezioso, D. Hall and Wells offered the following resolution:

    Senate Concurrent Resolution No. 38--Requesting the Joint Committee on Government and Finance study options for gradually combining West Virginia’s early childhood programs into a comprehensive system of services for children.

    Whereas, Current brain research shows that the brain is most active and most susceptible to experiences during the first three years of life. A number of early childhood programs currently operating within the state government have differing visions, goals and service populations; and

    Whereas, Child care services within the Bureau for Children and Families have traditionally focused on work support, but the educational component should be prioritized and enhanced to improve outcomes for families and children. West Virginia invests in child care services to improve outcomes for both children and adults. The state would benefit by maximizing the potential of existing programs by combining services and creating unified vision, goals, and measurable outcomes for the combined childhood programs; and

    Whereas, All parties would be best served by consolidating services for young children to reduce confusion regarding the variety of programs and to promote the comprehensive developmental needs of young children; and

    Whereas, To create a comprehensive program in which West Virginia’s early childhood programs work jointly to maximize investments in the well-being of young children, various models of governance should be studied; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study options for gradually combining West Virginia’s early childhood programs into a comprehensive system of services for children; and, be it

    Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study options to transfer the Division of Early Care and Education and the Head Start State Collaborative to create a unified vision for early childhood; and, be it

    Further Resolved, That various state models, particularly Connecticut or other states, should be studied for an early childhood system; and, be it

    Further Resolved, That the committee find the appropriate way to allow the Division of Early Care and Education and the Head Start Collaborative the ability to better collaborate with other early childhood programs; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    Which, under the rules, lies over one day.

    Senators Wells, Kessler (Mr. President), Plymale, Fitzsimmons, Snyder, Unger, Williams, Yost, Stollings, Prezioso, Jenkins, D. Hall and McCabe offered the following resolution:

    Senate Resolution No. 31--Designating February 17, 2014, as Veterans Visibility Day.

    Whereas, From the Revolutionary War, which gave America its identity as a free and democratic nation, to this moment, America’s men and women have always risen to the call of duty in order to defend and preserve our freedom and help maintain freedom throughout the world; and

    Whereas, Per capita, more citizens from West Virginia have served in our nation’s armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they must for peace and freedom; and

    Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more have been wounded in battle; and

    Whereas, The Senate is proud to honor those currently serving in harm’s way in Iraq, Afghanistan and in other countries all over the world to protect democracy from the threat of terror; and

    Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives not only for our freedom, but for freedom around the world; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 17, 2014, as Veterans Visibility Day; and, be it

    Further Resolved, That the Senate expresses its sincere gratitude to all veterans and those men and women currently serving in the armed forces to protect our freedom; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Department of Veterans’ Assistance.

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

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

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

    Senate Concurrent Resolution No. 35, Requesting DOH name portion of Rt. 17 in Boone County "Army Specialist 4 Larry E. Nunnery, Sr., Memorial Highway".

    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. Senate Bill No. 88, Relating to claims for total loss and debris removal proceeds under farmers' mutual fire insurance companies.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 88) 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. 322, Providing state compensate officials, officers and employees every two weeks with certain exceptions.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 322) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2014.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 322) takes effect July 1, 2014.

    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. 384, Prohibiting certain insurers require policyholders use mail-order pharmacy.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: Carmichael--1.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 384) 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. 402, Permitting recovery of service charge and fees charged to Tax Commissioner by financial institutions.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 402) 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 Com. Sub. for Senate Bill No. 420, Relating to data sharing in P-20W Longitudinal Data System.

    On third reading, coming up in regular order, with the right having been granted on Friday, February 14, 2014, for amendments to be received on third reading, was reported by the Clerk.

    On motion of Senator Barnes, the following amendment to the bill was reported by the Clerk and adopted:

    On page seven, section ten, line eighty-four, after the word “affiliation,” by inserting the words “whether the person or a member of their household owns or possesses a firearm,”.

    The bill, as just amended, was ordered to engrossment.

    Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 420 was then read a third time and put upon its passage.

    Pending discussion,

    The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 420 pass?”

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: Boley, Carmichael and Nohe--3.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 420) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2014.

    On this question, the yeas were: Barnes, Beach, Blair, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: Boley, Carmichael and Nohe--3.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 420) takes effect July 1, 2014.

    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. 422, Expanding state aid for students of certain health professions.

    On third reading, coming up in regular order, with the right having been granted on Friday, February 14, 2014, for amendments to be received on third reading, was reported by the Clerk.

    On motion of Senator Walters, the following amendment to the bill was reported by the Clerk and adopted:

    On page four, section two, line thirty-six, by striking out the words “in the field of study” and inserting in lieu thereof the words “or enrolling in military service”.

    The bill, as just amended, was ordered to engrossment.

    Engrossed Committee Substitute for Senate Bill No. 422 was then read a third time and put upon its passage.

    On this question, the yeas were: Cann, Carmichael, Cookman, Edgell, Facemire, D. Hall, Kirkendoll, Laird, McCabe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Wells, Yost and Kessler (Mr. President)--17.

    The nays were: Barnes, Beach, Blair, Boley, Chafin, Cole, Fitzsimmons, Green, M. Hall, Jenkins, Miller, Nohe, Sypolt, Tucker, Unger, Walters and Williams--17.

    Absent: None.

    So, a majority of all the members present and voting not having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 422) rejected on a tie vote.

    Eng. Com. Sub. for Senate Bill No. 434, Eliminating revocation period for certain DUI offenders.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 434) passed with its title.

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

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Com. Sub. for Senate Bill No. 6, Regulating sale of drug products used in manufacture of methamphetamine.

    On second reading, coming up in regular order, was read a second time.

    On motion of Senator Carmichael, the following amendments to the bill were reported by the Clerk and considered simultaneously:

    On page three, after the enacting section, by inserting the following:

CHAPTER 15. PUBLIC SAFETY.

ARTICLE 14. REGISTRY OF CONVICTIONS FOR METHAMPHETAMINE OFFENSES.

§15-14-1. Registry of convictions for methamphetamine offenses; required information; procedures.

    (a) There is created within the Criminal Identification Bureau of the West Virginia State Police a methamphetamine registry of persons convicted of a violation of either of the following provisions of this code:

    (1) Section four hundred eleven, article four, chapter sixty-a of this code; and

    (2) Section four, article ten, chapter sixty-a of this code.

    (b) The registry shall consist of the person’s name, date of birth, offense or offenses requiring the person’s inclusion on the registry, the conviction date and county of those offenses, and any other available information the bureau deems important. Under no circumstance may the registry make available to the public the person's social security number, driver’s license number or any other state or federal identification number.

§15-14-2. Reports of certain convictions by prosecuting attorneys; providing website information; superintendent to propose rules.

    (a) A prosecuting attorney, upon conviction of a person for violating the provisions of section four hundred eleven, article four, chapter sixty-a of this code or section four, article ten, chapter sixty-a of this code, shall report the conviction to the registry, provided in a form furnished by the bureau for registry purposes. Reporting procedures shall be developed by the bureau in conjunction with the West Virginia Prosecuting Attorneys Institute and the Administrator of the Supreme Court of Appeals.

    (b) Information relating to convictions prior to the effective date of this section shall, to the extent feasible and practicable, be placed on the registry.

    (c) The registry shall be accessible through a website maintained under the direction of the State Police.

    (d) The Superintendent of the State Police shall propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to implement the provisions of this article.;

    On page eight, section two hundred ten, lines ninety-one through one hundred, by striking out all of subsection (f);

    And by relettering the remaining subsection;

    On page eleven, section two hundred twelve, after line thirty-nine, by adding the following:

    (e) Any compound, mixture or preparation containing ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers except products which are for pediatric use primarily intended for administration to children under the age of twelve and products which have been determined by the Board of Pharmacy to be in a form which is not feasible for being used for the manufacture of methamphetamine, as set forth in article ten of this chapter: Provided, That neither the offenses set forth in section four hundred one, article four of this chapter, nor the penalties therein, shall be applicable to ephedrine, pseudoephedrine or phenylpropanolamine, which shall be subject to the provisions of article ten of this chapter.;

    On page twenty, section four, line one, after the word “dispense” by inserting the following: “to the same person, and a person may not purchase more than three and six-tenths grams per day, more than seven and two-tenths grams in a thirty-day period or more than twenty-four grams annually of”;

    On page twenty, section four, line eleven, after the word “form” by changing the period to a colon and inserting the following proviso: “Provided, That a physician, a pharmacy by a pharmacist or pharmacy technician, or health care professional may not sell, transfer or dispense to a person convicted of: (1) A felony violation of chapter sixty-a of this code; or (2) any violation of section four hundred eleven, article four, chapter sixty-a of this code; or (3) any violation of section four, article ten, chapter sixty-a of this code, any substance described in subsection (e), section two hundred twelve, article two of this chapter, including versions that have been determined by the Board of Pharmacy to be in a form which is not feasible for being used for the manufacture of methamphetamine, except by prescription.;

    And,

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

    That §60A-10-8 of the Code of West Virginia, 1931, as amended, be repealed; that said code be amended by adding thereto two new sections, designated §15-14-1 and §15-14-2; that §60A-2-210 and §60A-2-212 of said code be amended and reenacted; and that §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-5 and §60A-10-7 of said code be amended and reenacted, all to read as follows:.

    Following extended discussion,

    The question being on the adoption of Senator Carmichael’s amendments to the bill, the same was put and did not prevail.

    On motion of Senator Jenkins, the following amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 6) was next reported by the Clerk:

    On page twenty-one, section four, line twenty-eight, after the word “manufacturer” by changing the period to a colon and inserting the following proviso: “Provided, however, That the provisions of this subdivision are inapplicable to persons possessing three and six-tenths grams of ephedrine, pseudoephedrine or phenylpropanolamine or less which has been lawfully purchased in the jurisdiction of sale and which is possessed with the intent that it be used in the manner and form intended by the manufacturer”.

    Following extended discussion,

    The question being on the adoption of the amendment offered by Senator Jenkins to bill (Com. Sub. for Com. Sub. for S. B. No. 6), and on this question, Senator Barnes demanded the yeas and nays.

    The roll being taken, the yeas were: Barnes, Blair, Boley, Carmichael, Cole, M. Hall, Jenkins, Nohe, Sypolt and Walters--10.

    The nays were: Beach, Cann, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--24.

    Absent: None.

    So, a majority of those present and voting not having voted in the affirmative, the President declared the amendment offered by Senator Jenkins to the bill rejected.

    The bill (Com. Sub. for Com. Sub. for S. B. No. 6) was then ordered to engrossment and third reading.

    Com. Sub. for Com. Sub. for Senate Bill No. 15, Removing certain billing limitations for HIV or STD testing by public health agencies.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 100, Authorizing operation of low-speed vehicles on certain municipal roads.

    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. 155, Authorizing DHHR promulgate legislative rules.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 331, Requiring certain accelerated payment of consumers sales and service and use tax and employee withholding taxes.

    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. 416, Relating to tentative appraisals of natural resources property.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    The Senate proceeded to the tenth order of business.

    The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

    Com. Sub. for Senate Bill No. 167, Authorizing Department of Revenue promulgate legislative rules.

    Com. Sub. for Senate Bill No. 315, Clarifying use of certain funds under Military Authority Act.

    Senate Bill No. 328, Terminating Strategic Research and Development Tax Credit.

    Com. Sub. for Senate Bill No. 376, Requiring certain construction workers complete OSHA safety program.

    Com. Sub. for Senate Bill No. 427, Relating to motor vehicle insurance.

    Senate Bill No. 457, Requiring programs for temporarily detained inmates in regional jails.

    Senate Bill No. 480, Expanding period during which certain motor vehicle liens are valid.

    And,

    Com. Sub. for Senate Bill No. 540, Requiring SSAC promulgate rules allowing college preparatory team recognition.

    The Senate proceeded to the thirteenth order of business.

    At the respective requests of Senators Beach and Edgell, the names of Senators Beach and Edgell were removed as sponsors of Senate Bill No. 474 (Allowing disposal of drill cuttings from well sites in commercial solid waste facilities).

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 18, 2014, at 11 a.m.

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