Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FORTY-EIGHTH DAY

____________

Charleston, W. Va., Monday, February 27, 2012

The Senate met at 11 a.m.

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

Prayer was offered by the Reverend Dan Pruitt, Trinity Temple Pentecostal Holiness Church, Welch, West Virginia.

Kelsey Sizemore, a student at Mount View High School, Welch, West Virginia, then proceeded in the singing of “My Home Among the Hills”.

Pending the reading of the Journal of Friday, February 24, 2012,

On motion of Senator Sypolt, 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 John Lambros, Betty Lambros and Helen Lodge privileges of the floor for the day.

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

The Senate then proceeded to the third order of business.

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

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 379, Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees.

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. 2740--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-4-19, relating to making covenants and other restrictions that restrict the installation or use of solar energy systems unenforceable; defines terms; and provides exceptions thereto.

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. 4028--A Bill to amend and reenact §16-4C-6 and §16-4C-9 of the Code of West Virginia, 1931, as amended, all relating to emergency medical services; authoring rule-making authority relating to temporary suspension of a certification or license; providing for the immediate temporary suspension of certification of emergency medical service personnel or licensure of emergency medical service in certain circumstances; and providing for a temporary emergency suspension hearing.

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. 4037--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §30-1-6a and §30-1-6b, all relating to the professional and occupational licensure and registration of former and current members of the armed forces of the United States; providing legislative findings and declarations; requiring consideration and appropriate acceptance of military education, training and experience for qualification for professional licensure; providing rule-making authority for licensing or registration boards; providing exceptions; and requiring the extension of licenses and the waiver of certain requirements for licenses or registration of certain persons and accompanying spouses on active duty in the armed forces of the United States.

At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the bill to a committee dispensed with.

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. 4530--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-4f, relating to authorizing the Public Service Commission of West Virginia to consider and authorize the recovery of certain expanded net energy costs by certain electric utilities through the issuance of consumer rate relief bonds, providing definitions, providing an application process for the authorization for recovery of costs, providing duties of a qualifying utility that may recover costs, default and successor provisions, taxation of consumer rate relief charges, and responsibility of Public Service Commission with respect to financing order.

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. 4630--A Bill to amend and reenact chapter 196 of the Acts of the Legislature, regular session, 1963, as last amended and reenacted by chapter 206 of the Acts of the Legislature, regular session, 1967, all relating to the Braxton County Recreational Development Authority; modifying the membership of the Braxton County Recreational Development Authority; transferring certain authority from the Braxton County Board of Education to the Braxton County Commission; and requiring the approval of the Braxton County Commission and the Braxton County Board of Education on land transactions conducted by the authority.

Referred to the Committee on Government Organization.

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

House Concurrent Resolution No. 20--Requesting that bridge number 21-119/1-0.01 on County Route 119/1 in Lewis County, West Virginia, be named the “SP5 Lynn Waitman Peters Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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

House Concurrent Resolution No. 70--Requesting that bridge number 8-16-14.75 in the Community of Hartland in Clay County, West Virginia, be named the “Jones Brothers Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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

House Concurrent Resolution No. 74--Requesting the Congressional Delegation from the State of West Virginia to ask the United State Department of State to make certain demands on the government of the United Arab Emirates.

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. 76--Requesting the Division of Highways provide an honorary name to a one mile section of County Route 03/00 beginning at the northernmost intersection in the town of Chapmanville and ending at the corporate boundary limits, the ‘Cory Matthew Price Memorial Road”.

Referred to the Committee on Transportation and Infrastructure.

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

House Concurrent Resolution No. 81--Requesting that bridge 30-52-7.85 at the intersection of U. S. Route 52 and State Route 65, in Mingo County, West Virginia, be named the “Joe “Bug” Marcum Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

The Senate proceeded to the fourth order of business.

Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:

Your Committee on Economic Development has had under consideration

Senate Bill No. 635, Authorizing Infrastructure and Jobs Development Council issue broadband middle mile revenue bonds; other provisions.

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

Com. Sub. for Senate Bill No. 635 (originating in the Committee on Economic Development)--A Bill to amend and reenact §31-15A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto sixteen new sections, designated §31-15A-9a, §31-15A-9b, §31-15A-10a, §31-15A-11a, §31-15A-12a, §31-15A-13a, §31-15A-14a, §31-15A-15a, §31-15A-17c, §31-15A-18a, §31-15A-19a, §31-15A-20a, §31-15A-21a, §31-15A-22a, §31-15A-23a and §31-15A-24a, all relating generally to development of broadband middle mile infrastructure in this state; defining terms in West Virginia Infrastructure and Jobs Development Act; creating separate infrastructure fund for broadband middle mile infrastructure projects and providing for deposits and expenditures from the fund; giving additional powers to Infrastructure and Jobs Development Council and Water Development Authority regarding broadband middle mile infrastructure projects; creating advisory committee to advise Infrastructure and Jobs Development Council on disposition of applications for grants and loans; providing process for review of applications by Development Office; requiring notice of public hearing on applications for grants and loans; providing for hearings and public comment period; creating Infrastructure Fund for Broadband Middle Mile Infrastructure Revenue Debt Service Fund; providing for disposition of funds on termination or dissolution of authority; providing that broadband middle mile projects funded by authority are public improvements under specified circumstances; authorizing authority to issue broadband middle mile revenue bonds; creating Broadband Middle Mile Infrastructure Debt Service Fund; providing for funding of debt service fund; specifying requirements for and manner of issuance of bonds; providing for contents of trust agreement and trustee for bonds; specifying legal remedies of bondholders, noteholders and trustee; making broadband middle mile infrastructure revenue bonds lawful investments; providing for purchase, cancellation and refunding of bonds; and specifying that bonds are not debt of state or any political subdivision thereof and are exempt from taxation.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

Respectfully submitted,

Richard Browning,

Chair.

At the request of Senator Browning, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 635) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.

Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:

Your Committee on Economic Development has had under consideration

Senate Bill No. 653, Creating WV Innovation and Development Act.

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

Respectfully submitted,

Richard Browning,

Chair.

At the request of Senator Snyder, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Economic Development.

At the request of Senator Browning, and by unanimous consent, the bill (S. B. No. 653) was taken up for immediate consideration, read a first time and ordered to second reading.

On motion of Senator Browning, the bill was then referred to the Committee on Finance.

Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had under consideration

Senate Bill No. 671, Imposing consumers sales tax on utility terrain vehicles; exemption.

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

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being granted, the bill (S. B. No. 671) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time and ordered to second reading.

Senator Palumbo, 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. 675 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §37-16-1, §37-16-2, §37-16-3, §37-16-4, §37-16-5, §37-16-6, §37-16-7, §37-16-8, §37-16-9 and §37-16-10, all relating to the creation of a transfer on death deed; defining terms; setting requirements for an affidavit of transfer on death deed; detailing transfer on death; requiring verification of the affidavit; requiring that the affidavit be recorded; proclaiming that no consideration is necessary for a transfer on death; permitting revocation; providing that transfer only occurs to the named transferee; creating provisions for trustees of trusts in transfers on death; stating certain requirements for finalizing the transfer on death; setting certain standards, characteristics and ramifications for transfer on death designation affidavits; and creating a misdemeanor offense for knowingly and intentionally making a false statement in an affidavit required by this article.

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

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (S. B. No. 675) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had under consideration

Senate Concurrent Resolution No. 43, Requesting DOH name bridge in Roane County "Corder Bridge".

Senate Concurrent Resolution No. 44, Requesting DOH name portion of I-79 in Monongalia County "Charles J. Whiston Interchange".

Senate Concurrent Resolution No. 47, Requesting DOH name portion of WV Rt. 129 in Nicholas County "St. Patrick Boulevard".

House Concurrent Resolution No. 26, The "Worthington Veterans Bridge".

Com. Sub. for House Concurrent Resolution No. 30, Requesting a sign honoring Anna Wallace be placed at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point.

House Concurrent Resolution No. 51, The "Robert Earchil Adams Memorial Bridge".

House Concurrent Resolution No. 63, The "Dewayne Phillip Morgan Memorial Bridge".

House Concurrent Resolution No. 72, The "Tim Belt Memorial Bridge".

And,

House Concurrent Resolution No. 78, The "Staff Sergeant Sidney H. Blankenship Memorial Bridge"

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

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Unger, unanimous consent being granted, the resolutions (S. C. R. No. 43, S. C. R. No. 44, S. C. R. No. 47, H. C. R. No. 26, Com. Sub. for H. C. R. No. 30, H. C. R. No. 51, H. C. R. No. 63, H. C. R. No. 72 and H. C. R. No. 78) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.

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

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

The Senate proceeded to the sixth order of business.

Senators Foster, Stollings, Minard, Laird, Chafin and Klempa offered the following resolution:

Senate Resolution No. 44--Recognizing the West Virginia Youth Symphony as the “Official Youth Symphony of West Virginia”.

Whereas, It is the goal of the West Virginia Youth Symphony to provide opportunities for young people to perform in an orchestra setting; and

Whereas, The West Virginia Youth Symphony originated in 1949 when the Charleston Woman’s Club organized the Kanawha Valley Youth Orchestra; and

Whereas, The West Virginia Youth Symphony has operated continuously since becoming incorporated in 1968, as the Charleston Symphony Youth Orchestra and changing its name in 1991, to the West Virginia Youth Symphony; and

Whereas, Each year, approximately 100 young musicians participate in the West Virginia Youth Symphony, making it both the oldest and largest youth orchestra in the state; and

Whereas, In 2012, the West Virginia Youth Symphony has 110 students from Cabell, Clay, Jackson, Kanawha, Logan, Mason, Nicholas, and Putnam counties, ranging in age from 7 to 20, and come together to rehearse weekly in Charleston; and

Whereas, In the summer of 2012, the West Virginia Youth Symphony will embark on a ten-day, three performance European tour to Hungary, Slovakia and Austria, and will feature a visit to Charleston’s sister city, Banska Bystrica in the heart of Slovakian; and

Whereas, While in Banska Bystrica, the tour will feature a joint performance with the Conservatory of Music there; and

Whereas, The West Virginia Youth Symphony represents the best and brightest of West Virginia’s youth and we are honored to have them represent our great state, as they share their musical talents with the world; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the West Virginia Youth Symphony as the “Official Youth Symphony of West Virginia”; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Youth Symphony.

At the request of Senator Foster, 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.

Senator Unger announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 110; and from the Senate first reading calendar, Committee Substitute for Committee Substitute for Senate Bill No. 446.

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 51, Requesting DOH name bridge in Man, Logan County, "Cox Joe Gollie Memorial Bridge".

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

Senate Concurrent Resolution No. 52, Requesting Joint Committee on Government and Finance study future legislation relating to natural gas reserve development and recovery.

On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Energy, Industry and Mining; and then to the Committee on Rules.

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for Senate Bill No. 76, Creating Green Buildings Act.

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

On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

The nays were: None.

Absent: K. Facemyer--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. 76) passed.

The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill No. 76--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to requiring new building construction projects of public agencies and projects receiving state funds to be designed and constructed complying with the ICC International Energy Conservation Code and the ANSI/ASHRAE/IESNA Standard 90.1-2007; setting forth findings; defining terms; and setting standards for construction projects with federal funding.

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. 110, Relating to Broadband Deployment Council.

Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken

Eng. Com. Sub. for Senate Bill No. 212, Creating criminal offense for disrupting communications and public utility services.

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

The nays were: None.

Absent: K. Facemyer--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. 212) 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. 386, Clarifying entities included in water's-edge group for income tax purposes.

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

The nays were: None.

Absent: K. Facemyer--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. 386) passed.

The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Senate Bill No. 386--A Bill to amend and reenact §11-24-13f of the Code of West Virginia, 1931, as amended, relating to taxation of water’s-edge corporations; exempting certain income which is already exempt under certain tax treaties by federal law; clarifying the entities to be included in a water’s-edge group for corporation net income tax purposes; providing certain authority to the Tax Commissioner to require reports or make adjustments; and authorizing legislative, procedural or emergency rules, as necessary.

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. 514, Deeming retail establishments with roll-your-own cigarette machines manufacturers.

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

On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

The nays were: Klempa--1.

Absent: K. Facemyer--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. 514) passed with its title.

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

Eng. Com. Sub. for Senate Bill No. 521, Relating to subrogation rights of PEIA.

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

The nays were: None.

Absent: K. Facemyer--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 521) passed with its title.

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. 547, Relating to certain criminal conviction expungement.

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

On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

The nays were: Jenkins--1.

Absent: K. Facemyer--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. 547) 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. 572, Replacing "advanced nurse practitioner" with "advanced practice registered nurse".

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

The nays were: None.

Absent: K. Facemyer--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. 572) 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. 579, Increasing special reclamation tax on clean coal mined.

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

The nays were: None.

Absent: K. Facemyer--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. 579) 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. 579--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to the special reclamation tax and funds of the Surface Coal Mining and Reclamation Act; continuing and reimposing the special reclamation tax on clean coal mined at an increased rate; and dedicating portion of special reclamation tax to Special Reclamation Water Trust Fund.

Senator Unger moved that the bill take effect July 1, 2012.

On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

The nays were: None.

Absent: K. Facemyer--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. 579) takes effect July 1, 2012.

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

Eng. Senate Bill No. 596, Prohibiting child erotica.

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

The nays were: None.

Absent: K. Facemyer--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. 596) 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. 606, Relating to property forfeiture related to child pornography arrests and computer crimes.

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

The nays were: None.

Absent: K. Facemyer--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. 606) 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. 646, Requiring State Board of Education study GED issues.

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

The nays were: None.

Absent: K. Facemyer--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. 646) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: K. Facemyer--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. 646) 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. 650, Making supplementary appropriation from General Revenue to DHHR-Division of Human Services.

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

The nays were: None.

Absent: K. Facemyer--1.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 650) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: K. Facemyer--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. 650) 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. 656, Requiring direct health care providers wear identification badges.

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

The nays were: None.

Absent: K. Facemyer--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. 656) 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 Senate Joint Resolution No. 9, Proposing constitutional amendment designated Boy Scouts and Other Nonprofit Youth Organization Tax Exemption Support Amendment.

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. 4, Declaring child's right to nurse.

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

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

On page two, section nineteen, line seven, after the word “be” by inserting the following words “if the mother observes a basic level of discretion under the circumstances while breast feeding the child”.

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. 4) was then ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 36, Relating to disclosure requirements for certain public construction contracts.

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. 60, Creating felony for driving under influence and causing serious bodily injury.

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

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

On page eleven, section two, line two hundred seven, by striking out “(k) and (l)” and inserting in lieu thereof “(l) and (m)”.

The bill (Com. Sub. for Com. Sub. for S. B. No. 60), as amended, was then ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 109, Permitting unlicensed personnel to administer medications or assist in certain circumstances.

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. 135, Considering military training, experience and education toward professional or occupational licensure qualifications.

On second reading, coming up in regular order, was reported by the Clerk.

At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

Senate Bill No. 139, Making failure to wear safety belts primary offense.

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. 340, Relating to interscholastic athletics concussions and head injuries.

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. 354, Authorizing county commissions appoint temporary successors to certain county officer vacancies.

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

Senate Bill No. 365, Increasing membership of PEIA Finance Board.

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. 387, Requiring training of floodplain managers.

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. 399, Renaming Board of Insurance Agent Education to Board of Insurance Producer Education; other provisions.

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. 412, Increasing PSC civil penalties for Gas Pipeline Safety Act violations.

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

Senate Bill No. 417, Establishing right to disposition of deceased's remains.

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

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

On page seven, section twenty-two-a, line one hundred twenty-one, by changing the semicolon to a period and striking out the word “or”;

On pages seven and eight, section twenty-two-a, lines one hundred twenty-two through one hundred twenty-nine, by striking out all of subdivision (4);

On pages eight through ten, section twenty-two-a, line one hundred thirty through one hundred ninety-one, by striking out all of subsection (d);

And,

By relettering the remaining subsections.

The bill (S. B. No. 417), as amended, was then ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 435, Relating to nursing home residents' personal funds conveyance upon 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. 479, Creating Spay Neuter Program and Fund.

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. 498, Relating to records of abuse, neglect or exploitation of vulnerable adults.

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. 512, Updating statute relating to DMV Office of Administrative Hearing's procedures.

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. 519, Relating generally to suspension or revocation of driver's licenses.

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. 528, Relating to scrap metal dealers and scrap metal.

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. 535, Expanding certain prescriptive authority for chronic diseases.

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. 576, Changing school personnel termination, resignation, retirement, transfer and rehiring deadlines.

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. 588, Relating to Wholesale Drug Distribution Licensing Act of 1991.

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

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

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

ARTICLE 8. WHOLESALE DRUG DISTRIBUTION LICENSING ACT OF 1991.

§60A-8-3. Purpose.

The purpose of this article is to protect the health, safety and general welfare of residents of this state and to implement the federal Prescription Drug Marketing Act of 1987 ("PDMA"), U. S. Public Law 100-293, 102 Stat. 95, codified at 21 U. S. Code §321; and particularly PDMA requirements that no person or entity may engage in the wholesale distribution of human prescription drugs in any state unless such person or entity is licensed by such state in accordance with federally prescribed minimum standards, terms and conditions as set forth in guidelines issued by United States food and drug administration (FDA) regulations pursuant to 21 U. S. Code §353(e)(2)(A) and (B); and such regulations as are set forth in 21 C. F. R. Part 205.

§60A-8-5. Definitions.

As used in this article:

(a) "Wholesale distribution" and “wholesale distributions” mean distribution of prescription drugs, including directly or through the use of a third-party logistics provider or any other situation in which title, ownership or control over the prescription drug remains with one person or entity but the prescription drug is brought into this state by another person or entity on his, her or its behalf, to persons other than a consumer or patient, but does not include:

(1) Intracompany sales, being defined as any transaction, or transfer or delivery into or within this state between any division, subsidiary, parent and/or affiliated or related company under the common ownership and control of a corporate entity;

(2) The purchase or other acquisition by a hospital or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of such organizations;

(3) The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug by a charitable organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1954 1986 to a nonprofit affiliate of the organization to the extent otherwise permitted by law;

(4) The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug among hospitals or other health care entities that are under common control. For purposes of this article, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract, or otherwise;

(5) The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug for "emergency medical reasons" for purposes of this article includes transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage, except that the gross dollar value of such transfers shall not exceed five percent of the total prescription drug sales revenue of either the transferor or tranferee transferee pharmacy during any twelve consecutive month period;

(6) The sale, purchase or trade of a drug, an offer to sell, purchase or trade a drug or the dispensing of a drug pursuant to a prescription;

(7) The distribution of drug samples by manufacturers' representatives or distributors' representatives, if the distribution is permitted under federal law [21 U. S. C. 353(d)]; or

(8) The sale, purchase or trade of blood and blood components intended for transfusion.

(b) "Wholesale drug distributor" or “wholesale distributor” means any person or entity engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers, repackers, own-label distributors, jobbers, private-label distributors, brokers, warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses and wholesale drug warehouses, independent wholesale drug traders, prescription drug repackagers, physicians, dentists, veterinarians, birth control and other clinics, individuals, hospitals, nursing homes and/or their providers, health maintenance organizations and other health care providers, and retail and hospital pharmacies that conduct wholesale distributions, including, but not limited to, any pharmacy distributor as defined in this section. A wholesale drug distributor shall not include any for hire carrier or person or entity hired solely to transport prescription drugs.

(c) "Pharmacy distributor" means any pharmacy licensed in this state or hospital pharmacy which is engaged in the delivery or distribution of prescription drugs either to any other pharmacy licensed in this state or to any other person or entity, including, but not limited to, a wholesale drug distributor as defined in subdivision (b) of this section engaged in the delivery or distribution of prescription drugs and who is involved in the actual, constructive or attempted transfer of a drug in this state to other than the ultimate consumer except as otherwise provided for by law.

(d) “Manufacturer” means anyone any person who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging or labeling of a prescription drug, whether within or outside this state.

(e) “West Virginia Board of Pharmacy”, “Board of Pharmacy” or “board” means the agency of this state authorized to license wholesale drug distribution except where otherwise provided.

(f) "Prescription drug" means any human drug required by federal law or regulation to be dispensed only by prescription, including finished dosage forms and active ingredients subject to Section 503(b) of the federal Food, Drug and Cosmetic Act.

(g) "Blood" means whole blood collected from a single donor and processed either for transfusion or further manufacturing.

(h) "Blood component" means that part of blood separated by physical or mechanical means.

(i) "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug.

(j) “Person” means any individual, partnership, association, limited liability company, corporation or other entity.

(k) “Key person” means any of the following:

(1) An officer, director, trustee, partner, principal or proprietor of a person that has applied for or holds a license issued under this article or an affiliate or holding company that has control of a person that has applied for or holds a license under this article.

(2) A person that holds a combined direct, indirect or attributed debt or equity interest of more than five percent in a person that has applied for or holds a license under this article;

(3) A person that holds a combined direct, indirect or attributed equity interest of more than five percent in a person that has a controlling interest in a person that has applied for or holds license under this article;

(4) A managerial employee of a person that has applied for or holds a license under this article or a managerial employee of an affiliate or holding company that has control of a person that has applied for or holds a license under this article, who performs the function of principal executive officer, principal operating officer, principal accounting officer or an equivalent officer;

(5) A managerial employee of a person that has applied for or holds a license under this article or a managerial employee of an affiliate or holding company that has control of a person that has applied for or holds a license under this article who will perform or performs the function of an operations manager or will exercise or exercises management, supervisory or policy-making authority over the distribution of prescription drugs.

(l) “Third-party logistics provider” means a person who contracts with a prescription drug manufacturer to provide or coordinate warehousing, distribution or other services on behalf of a manufacturer, but does not take title to the prescription drug or have general responsibility to direct the prescription drug's sale or disposition. A third-party logistics provider must be licensed as a wholesale distributor under this article and, in order to be considered part of the normal distribution channel, must also be an authorized distributor of record.

§60A-8-7. Wholesale drug distributor licensing requirements.

(a) Every applicant for a license under this article shall provide the board with the following as part of the application for a license and as part of any renewal of such license:

(1) The name, full business address and telephone number of the licensee;

(2) All trade or business names used by the licensee;

(3) Addresses, telephone numbers and the names of contact persons for all facilities used by the licensee for the storage, handling and distribution of prescription drugs;

(4) The type of ownership or operation (i.e., partnership, corporation or sole proprietorship);

(5) The name(s) of the owner and operator, or both, of the licensee, including:

(A) If a person, the name of the person;

(B) If a partnership, the name of each partner and the name of the partnership;

(C) If a corporation, the name and title of each corporate officer and director, the corporate names and the name of the state of incorporation; and

(D) If a sole proprietorship, the full name of the sole proprietor and the name of the business entity; and

(6) Any other information or documentation that the board may require.

(b) All wholesale distributors and pharmacy distributors shall be subject to the following requirements:

(a) (1) No person or distribution outlet may act as a wholesale drug distributor without first obtaining a license to do so from the Board of Pharmacy and paying any reasonable fee required by the Board of Pharmacy, such fee not to exceed four hundred dollars per year: Provided, That for licenses that are effective on and after July 1, 2012, the annual fee shall be $750 per license until modified by legislative rule.

(b) (2) The Board of Pharmacy may grant a temporary license when a wholesale drug distributor first applies to the board for a wholesale drug distributor’s license to operate within this state and the temporary license shall remain valid until the Board of Pharmacy finds that the applicant meets or fails to meet the requirements for regular licensure, except that no temporary license shall be valid for more than ninety days from the date of issuance. Any temporary license issued pursuant to this subdivision shall be renewable for a similar period of time not to exceed ninety days pursuant to policies and procedures to be prescribed by the Board of Pharmacy.

(c) (3) No license may be issued or renewed for a wholesale drug distributor to operate unless the distributor operates in a manner prescribed by law and according to the rules promulgated by the Board of Pharmacy with respect thereto.

(d) (4) The Board of Pharmacy may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this state, or for a parent entity with divisions, subsidiaries, or affiliate companies within this state when operations are conducted at more than one location and there exists joint ownership and control among all the entities.

(e) (c) The minimum qualifications for licensure are set forth in this section as follows:

(1) As a condition for receiving and retaining any wholesale drug distributor license issued pursuant to this article, each applicant shall satisfy the Board of Pharmacy that it has and will continuously maintain:

(A) Acceptable storage and handling conditions plus facilities standards;

(B) Minimum liability and other insurance as may be required under any applicable federal or state law;

(C) A security system which includes after hours central alarm or comparable entry detection capability, restricted premises access, adequate outside perimeter lighting, comprehensive employment applicant screening and safeguards against employee theft;

(D) An electronic, manual or any other reasonable system of records describing all wholesale distributor activities governed by this article for the two-year period following disposition of each product and being reasonably accessible as defined by Board of Pharmacy regulations during any inspection authorized by the Board of Pharmacy;

(E) Officers, directors, managers and other persons in charge of wholesale drug distribution, storage and handling, who must at all times demonstrate and maintain their capability of conducting business according to sound financial practices as well as state and federal law;

(F) Complete, updated information to be provided to the Board of Pharmacy as a condition for obtaining and retaining a license about each wholesale distributor to be licensed under this article including all pertinent licensee ownership and other key personnel and facilities information determined necessary for enforcement of this article; with any changes in the information to be submitted at the time of license renewal or within twelve months from the date of the change, whichever occurs first;

(G) Written policies and procedures which assure reasonable wholesale distributor preparation for protection against and handling of any facility security or operation problems, including, but not limited to, those caused by natural disaster or government emergency, inventory inaccuracies or product shipping and receiving, outdated product or other unauthorized product control, appropriate disposition of returned goods and product recalls;

(H) Sufficient inspection procedures for all incoming and outgoing product shipments; and

(I) Operations in compliance with all federal legal requirements applicable to wholesale drug distribution.

(2) The Board of Pharmacy shall consider, at a minimum, the following factors in reviewing the qualifications of persons who engage in wholesale distribution of prescription drugs with this state apply for a wholesale distributor license under this section or for renewal of that license:

(A) Any conviction of the applicant under any federal, state or local laws relating to drug samples, wholesale or retail drug distribution or distribution of controlled substances;

(B) Any felony convictions of the applicant or any key person under federal, state or local laws;

(C) The applicant's past experience in the manufacture or distribution of prescription drugs, including, but not limited to, controlled substances;

(D) The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;

(E) Suspension or revocation by federal, state or local government of any license currently or previously held by the applicant for the manufacture or distribution of any drug, including, but not limited to, controlled substances;

(F) Compliance with licensing requirements under previously granted licenses, if any;

(G) Whether personnel employed by the applicant in wholesale drug distribution have appropriate education or experience, or both education and experience, to assume responsibility for positions related to compliance with the requirements of this article;

(G) (H) Compliance with requirements to maintain and make available to the Board of Pharmacy or to federal, state or local law-enforcement officials those records required by this article; and

(H) (I) Any other factors or qualifications the Board of Pharmacy considers relevant to and consistent with the public health and safety, including whether the granting of the license would not be in the public interest.

(3) All requirements set forth in this subsection shall conform to wholesale drug distributor licensing guidelines formally adopted by the United States Food and Drug Administration (FDA); and in case of conflict between any wholesale drug distributor licensing requirement imposed by the Board of Pharmacy pursuant to this subsection and any food and drug administration wholesale drug distributor licensing guideline, the latter shall control.

(f) (d) An agent or employee of any licensed wholesale drug distributor need not seek licensure under this section and may lawfully possess pharmaceutical drugs when the agent or employee is acting in the usual course of business or employment.

(g) (e) The issuance of a license pursuant to this article does not change or affect tax liability imposed by this state's Department of Tax and Revenue on any wholesale drug distributor.

(f) An applicant who is awarded a license or renewal of a license shall give the board written notification of any material change in the information previously submitted in, or with the application for the license or for renewal thereof, whichever is the most recent document filed with the board, within thirty days after the material change occurs or the licensee becomes aware of the material change, whichever event occurs last. Material changes include, but are not limited to:

(1) A change of the physical address or mailing address;

(2) A change of the responsible individual, compliance officer or other executive officers or board members;

(3) A change of the licensee's name or trade name;

(4) A change in the location where the records of the licensee are retained;

(5) The felony conviction of a key person of the licensee; and

(6) Any other material change that the board may specify by rule.

(g) The board may deny a license to an applicant for a license or for renewal of a license if the board determines that the granting of the license would not be in the public interest.

(h) The licensing of any person as a wholesale drug distributor subjects the person and the person’s agents and employees to the jurisdiction of the board and to the laws of this state for the purpose of the enforcement of this article, article five, chapter thirty of this code and the rules of the board. However, the filing of an application for a license as a wholesale drug distributor by, or on behalf of, any person or the licensing of any person as a wholesale drug distributor may not, of itself, constitute evidence that the person is doing business within this state.

(h) (i) The Board of Pharmacy may adopt rules pursuant to section nine of this article which permit out-of-state wholesale drug distributors to obtain any license required by this article on the basis of reciprocity to the extent that: (I) (1) An out-of-state wholesale drug distributor possesses a valid license granted by another state pursuant to legal standards comparable to those which must be met by a wholesale drug distributor of this state as prerequisites for obtaining a license under the laws of this state; and (ii) (2) such other state would extend reciprocal treatment under its own laws to a wholesale drug distributor of this state.

§60A-8-14. Disciplinary actions - wholesale drug distributor.

(a) In accordance with article five, chapter thirty of this code, the Board of Pharmacy may suspend, revoke or refuse to renew any license issued to a wholesale distributor of prescription drugs pursuant to this article or may impose a civil money penalty not to exceed $1,000, in the discretion of the board for any of the following causes:

(1) Making any false material statements in an application for a license or for renewal of a license as a wholesale distributor or pharmacy distributor of prescription drugs;

(2) Violating any federal, state or local drug law, any provision of this article or any rule of the board;

(3) Conviction of a felony. For purposes of this subdivision “felony” means a felony or crime punishable as a felony under the laws of this state, any other state or the United States;

(4) Ceasing to satisfy the qualifications for licensure under section seven of this article or the rules of the board;

(5) The license or registration of a wholesale drug distributor licensed under this article has been revoked by the licensing authority of another state, jurisdiction of foreign nation; or

(6) Any reason for which the board may impose disciplinary sanctions under the provisions of chapter thirty of this code.

(b) Upon the suspension or revocation of the license of any wholesale distributor of prescription drugs, the distributor shall immediately surrender the license to the board.

(c) If the board suspends, revokes or refuses to renew any license issued to a wholesale distributor of prescription drugs and determines that there is clear and convincing evidence of a danger of immediate and serious harm to any person, the board may place under seal all drugs owned by or in the possession, custody or control of the affected wholesale distributor. Except as provided in this article, the board may not dispose of the drugs sealed under this subsection until the distributor exhausts all of his or her appeal rights under this article or article five, chapter thirty of this code. The court involved in the appeal may order the board, during the pendency of the appeal, to sell sealed dangerous drugs that are perishable. The board shall deposit the proceeds of the sale with the court.

§60A-8-15. Maintenance of register and roster of wholesale and pharmacy distributors.

(a) The Executive Director of the Board of Pharmacy shall maintain a register of the names, addresses and the date the current license was issued or renewed pursuant to this article for license years beginning on and after July 1, 2013. The register shall be the property of the board and shall be open for public examination and inspection at all reasonable times, as the board may direct.

(b) The register shall set forth the names and addresses of:

(1) Those persons who are or have been licensed under this article for the current license year;

(2) Those persons whose licenses have been suspended, revoked or surrendered during the current license year or during the two preceding license years; and

(3) Those persons whose licenses have not been renewed for the current license year.

(c) In lieu of annually publishing a typed or printed register providing the information required by this subsection, the board may make the information required to be published available at its website.

(d) A written statement signed and verified by the executive director of the board, in which it is stated that after diligent search of the register no record or entry of the issuance of a license or registration certificate to a person is found, is admissible in evidence and constitutes presumptive evidence of the fact that the person is not a licensed as a wholesale drug distributor under this article.

§60A-8-16. Disposition of fees.

The board shall pay all fees it collects under this article into the separate fund created in the State Treasury for the board pursuant to section ten, article one, chapter thirty of this code. The money in this fund shall be used exclusively by the board for the purposes of administering and enforcement of its duties pursuant to this article, articles one and five, chapter thirty of this code, or any other duty of the board prescribed by any other provision of this code.

The bill (Com. Sub. for S. B. No. 588), as amended, was then ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 597, Requiring installation of carbon monoxide detectors in certain facilities.

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. 599, Relating to insurance claims for automobile glass replacement or repair services.

On second reading, coming up in regular order, was reported by the Clerk.

At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

Com. Sub. for Senate Bill No. 621, Requiring DOH concurrence that major subdivisions or land developments provide sufficient access.

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. 623, Authorizing PSC promulgate rules establishing capacity improvement fee requirements.

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

Senate Bill No. 655, Allowing licensure of certain veterinarians by endorsement.

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. 661, Relating to data sharing among state education providers.

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

Eng. Com. Sub. for House Bill No. 4122, Relating to alternative programs for teacher education.

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

The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:

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

That §18A-3-1a and §18A-3-1b of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18A-3-12, all to read as follows:

ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-1a. Alternative programs for the education of teachers; legislative rules required.

(a) By August 15, 2005, the state board, after consultation with the Secretary of Education and the Arts, shall promulgate rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the approval and operation of teacher education programs which are an alternative to the regular college or university programs for the education of teachers.

(a) Definitions. -- For the purposes of this section, the following terms have the meaning ascribed to them, unless the context in which a term is used clearly requires a different meaning:

(1) “Alternative program teacher certificate” means a certificate issued for one year to a candidate who does not meet the standard educational requirements for teacher certification;

(2) “Approved education provider” means a partnership between one or more schools, school districts or regional educational service agencies and an institution of higher education in this state with a regionally accredited program for the education of professional educators approved by the state board or an entity affiliated with such an institution’s approved program, that has submitted to the state board a plan and agreement between the organizations for the delivery of an alternative program in accordance with this section, and the state board has approved the plan and agreement; and

(3) “Area of critical need and shortage” means an opening in an established, existing or newly-created position which has been posted at least two times in accordance with section seven-a, article four of this chapter and for which no fully-qualified applicant has been employed.

(b) Establishment of alternative teacher education programs. -– After consultation with the Secretary of Education and the Arts and the Chancellor of the Higher Education Policy Commission, the state board shall promulgate a legislative rule or rules in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this section. The proposed rule or rules shall be submitted to the Legislative Oversight Commission on Education Accountability for review prior to adoption. The rule or rules shall include, but are not limited to, the following issues:

(1) Separate procedures for the approval and operation of each of the alternative teacher education programs as provided in this section:

(A) These programs are an alternative to the regular college or university programs for the education of teachers and may only be offered by approved education providers; and

(B) Each program is separate from other programs established by this section;

(2) Procedures for approving an approved education provider as defined in this section. Approval is required prior to implementation the provider’s program leading to certification to teach in the public schools of this state;

(3) An alternative program teacher may not be employed in a school, school district or regional educational service agency unless the school, school district or regional educational service agency is a part of a partnership that qualifies as an approved education provider as defined in subsection (a) of this section;

(4) Provisions for setting tuition charges to offset program costs;

(5) The recommendation to rehire an alternative education program teacher, is subject to satisfactory progress in the applicable alternative education program by the holder of the alternative program certificate; and

(6) When making decisions affecting the hiring of a teacher authorized to teach under an alternative program certificate as provided in this section, a county board shall give preference to applicants who hold a valid West Virginia professional teaching certificate.

(1) To participate in an approved alternative teacher education program, the candidate must hold an alternative program teacher certificate issued by the state superintendent and endorsed for the instructional field in which the candidate seeks certification. An alternative program teacher certificate is a certificate issued for one year to a candidate who does not meet the standard educational requirements for certification.

(2) The certificate may be renewed no more than two times twice and no individual may hold an alternative program teacher certificate for a period exceeding three years. The alternative program teacher certificate shall be considered is equivalent to a professional teaching certificate for the purpose of the issuance of issuing a continuing contract.

(3) To be eligible for an alternative program teacher certificate, an applicant shall meet the following criteria:

(1) (A) Possess at least a bachelor’s degree from a regionally accredited institution of higher education in a discipline taught in the public schools. except that the rules established by the board may exempt candidates in selected vocational and technical areas who have at least ten years’ experience in the subject field from this requirement

(2) (B) Pass an appropriate state board approved the same basic skills and subject matter test or tests required by the state board for traditional program candidates to become certified in the area for which licensure is being sought;

(3) (C) Be a citizen of the Hold United States citizenship; be of good moral character and be physically, mentally and emotionally qualified to perform the duties of a teacher; and have attained

(D) Attain the age of eighteen years on or before October 1 of the year in which the alternative program teacher certificate is issued;

(4) (E) Have been offered Receive a formal offer of employment by in an area of critical need and shortage from a county board in an area of critical need and shortage and superintendent;

(5) (F) Qualify for employment following a criminal history check pursuant to section ten of this article;

(G) In the case of an applicant pursuing certification to teach American Sign Language, in lieu of paragraphs (A) and (B) of this subdivision, the applicant shall possess at least a bachelor’s degree from a regionally accredited institution of higher education and pass an appropriate state board approved test or tests demonstrating the applicant’s proficiency in American Sign Language; and

(H) In the case of applicants who have at least four years of experience in the subject field and are pursuing certification to teach in selected vocational and technical areas, in lieu of paragraphs (A) and (B) of this subdivision, the applicant shall pass an appropriate state board approved test or tests demonstrating the applicant’s proficiency in the basic skills and occupational content areas.

(4) Persons A person who satisfy satisfies the requirements set forth in subdivisions (1) through (5) subdivision (3) of this subsection shall be granted a formal document which will enable them authorizing him or her to work in a public school in West Virginia.

(b) The rules adopted by the board shall include provisions for the approval of alternative teacher education programs which may be offered by schools, school districts, consortia of schools, or regional educational service agency and for the setting of tuition charges to offset the program costs. An approved alternative teacher education program shall be in effect for a school, school district, consortium of schools or regional educational service agency before an alternative program teacher may be employed in that school, school district, consortium of schools or regional educational service agency.

(5) An approved alternative program shall provide provides essential knowledge and skills to alternative program teachers through the following phases of training:

(1) (A) Instruction. -- The alternative preparation program shall provide a minimum of eighteen semester hours of instruction in the areas of student assessment; development and learning; curriculum; classroom management; the use of educational computers and other technology; and special education and diversity. All programs shall contain a minimum of three semester hours of instruction in special education and diversity out of the minimum eighteen required semester hours. Subject to the approval of the state board, an approved education provider may provide instruction equivalent to the eighteen semester hours required by this paragraph through nontraditional methods, including, but not limited to, methods such as a series of modules covering the various topics, electronically delivered instruction, summer sessions, professional development and job-embedded mentoring.

(2) (B) Phase I. -- Phase I shall consist consists of a period of intensive, on-the-job supervision by an assigned mentor and the school administrator for a period of not less fewer than two weeks and no more than four weeks. The assigned mentor shall meet the requirements for a beginning teacher internship mentor set forth in section two-b of this article and shall be paid the stipend authorized pursuant to that section. During this time, the teacher The state board shall provide, in its rule for the approval and operation of this program, requirements for the frequency and duration of time periods for the person holding an alternative certificate to observe in the classroom of the mentor. The person holding an alternative certificate shall be observed daily by the mentor or the school administrator during this phase. This phase shall include includes an orientation to the policies, organization and curriculum of the employing district. The alternative program teacher shall begin to receive formal instruction in those areas listed in subdivision (1) paragraph (A) of this subsection subdivision.

(3) (C) Phase II. -- Phase II shall consist consists of a period of intensive, on-the-job supervision beginning the first day following the completion of Phase I and continuing for a period of at least ten weeks. During Phase II, the alternative program teacher shall be is visited and critiqued no less than at least one time per week by members of a professional support team, as defined in subsection (c) subdivision (6) of this section subsection, and shall be is observed and formally evaluated by the appropriately certified members of the team at the end of five weeks and again at the end of ten weeks by the appropriately certified members of the team at five-week intervals until the completion of this phase. At the end of the ten-week period completion of this phase, the alternative program teacher shall receive a formal written progress report from the chairperson of the support team evaluation by the principal. The alternative program teacher shall continue to receive formal instruction in those areas listed above under subdivision (1) in paragraph (A), of this subsection subdivision.

(4) (D) Phase III. -- Phase III shall consist consists of an additional period of continued supervision and evaluation of no less fewer than twenty weeks duration. The professional support team will determine determines the requirements of this phase, with but those requirements shall include at least one formal evaluation being conducted at the completion of the phase by the principal. The alternative program teacher shall continue to receive formal instruction in those areas listed above in subdivision (1) paragraph (A) of this subsection subdivision, and receive shall be given opportunities to observe the teaching of experienced colleagues.

(A) Training and supervision of alternative program teachers shall be are provided by a professional support team comprised of a school principal, or his or her designee, an experienced classroom teacher who satisfies the requirements for mentor for the Beginning Educator Internship as specified in pursuant to section two-b of this article, a college or university education faculty member a representative of the institution of higher education that is a part of the partnership that qualifies as an approved education provider as defined in subsection (a) of this section or an entity affiliated with that institution, and a curriculum supervisor or other central office administrator with certification and training relevant to the training and supervision of the alternative program candidate.

(B) Districts or schools which do not employ curriculum supervisors or have been unable to establish a relationship with a college or university shall provide for comparable expertise on the team.

(D) The duration of each of the three phases of the program specified in paragraphs (B), (C) and (D), subdivision (5) of this subsection, in excess of the minimum durations provided in those paragraphs, shall be determined by the professional support team within guidelines provided by the state board in its rule for the approval and operation of this program.

(E) In addition to other duties assigned to it under this section and section one-b of this article, the approved education provider shall submit a written evaluation of the alternative program teacher to the county superintendent. The written evaluation shall be in a form specified by the county superintendent and submitted on a date specified by the county superintendent that is prior to the first Monday of May. The evaluation shall report the progress of the alternative program teacher toward meeting the academic and performance requirements of the program.

(d) (F) The training for professional support team members shall may be coordinated and provided by the Center for Professional Development in coordination with the school district, consortium of schools, regional educational service agency, and institution of higher education or any combination of these agencies approved education provider as set forth in the plan approved by the state board pursuant to subsection (e) subdivision (8) of this section subsection.

(7) In lieu of and as an alternative to the professional support team specified in subdivision (6) of this subsection and its specific duties throughout the program phases as set forth in subdivision (5) of this section, a school or school district that has implemented a comprehensive beginning teacher induction program may, subject to the approval of the state board, provide for the training and supervision of alternative program teachers using a structure consistent with the structure implemented for the support, supervision and mentoring of beginning teachers: Provided, That all final decisions on the progress of the alternative program teacher and recommendations upon program completion shall rest with the principal.

(e) (8) A school, school district, consortium of schools, or regional educational service agency An approved education provider seeking to employ approval for an alternative certification program teacher must shall submit a plan to the state board. and receive approval

(A) No alternative certification program may be implemented prior to receiving state board approval.

(B) Each plan shall describe how the proposed training program will accomplish the key elements of an alternative program for the education of teachers as set forth in this section. Each school, school district, consortium of schools or regional educational service agency shall show evidence in its plan of having sought joint sponsorship of their training program with institutions of higher education.

(f) The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code for the approval and operation of alternative education programs to prepare highly qualified special education teachers that

(d) Alternative highly qualified special education teacher education program. --

(1) These programs are separate from the programs established under the other provisions of this section and are applicable only to teachers who have at least a bachelor’s degree in a program for the preparation of teachers from a regionally accredited institution of higher education.

(2) These programs are subject to the other provisions of this section only to the extent specifically provided for in the rule.

(4) The programs shall incorporate professional development to the maximum extent possible to help teachers who are currently certified in special education to obtain the required content area preparation.

(5) Participation in an alternative education program pursuant to this subsection shall may not affect any rights, privileges or benefits to which the participant otherwise would otherwise be entitled as a regular employee nor does it and may not alter any rights, privileges or benefits of participants on continuing contract status. The state board shall report to the Legislative Oversight Commission on Education Accountability on the programs authorized under this subsection during the July, 2005, interim meetings or as soon thereafter as practical prior to implementation of the programs.

(g) The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code for the approval and operation of alternative education programs to prepare highly qualified special education teachers that

(e) Additional alternative education program to prepare highly qualified special education teachers. --

(1) These programs are separate from the programs established under the other provisions of this section and are applicable only to persons who hold a bachelor’s degree from a regionally accredited institution of higher education.

(2) These programs are subject to the other provisions of this section only to the extent specifically provided for in this the rule.

(3) These programs may be an alternative to the regular college and university programs for the education of special education teachers and also may address the content area preparation of such these persons. The state board shall report to the Legislative Oversight Commission on Education Accountability on the programs authorized under this subsection during the July, 2005, interim meetings or as soon thereafter as practical prior to implementation of the programs.

(h) For the purposes of this section, “area of critical need and shortage” means an opening in an established, existing or newly created position which has been posted in accordance with the provisions of section seven-a, article four of this chapter, and for which no fully qualified applicant has been employed.

(I) The recommendation to rehire an alternative education program teacher, pursuant to section eight-a, article two of this chapter is subject to the position being posted and no fully qualified applicant being employed: Provided, That this provision does not apply to teachers who hold a valid West Virginia professional teaching certificate and who are employed under a program operated pursuant to subsection (f).

(j) When making decisions affecting the hiring of an alternative program teacher under the provisions of this section, a county board shall give preference to applicants who hold a valid West Virginia professional teaching certificate.

§18A-3-1b. Recommendation for certification of alternative program teachers.

At the conclusion of an alternative teacher education program, the principal chairperson of the professional support team, approved education provider shall prepare a comprehensive evaluation report on the alternative program teacher's performance. This report shall be submitted directly to the State Superintendent of Schools and shall contain a recommendation as to whether or not a professional certificate should be issued to the alternative program teacher. The report shall be made on standard forms developed by the State Superintendent.

The comprehensive evaluation report shall include one of the following recommendations:

(1) Approved: Recommends issuance of a professional certificate;

(2) Insufficient: Recommends that a professional certificate not be issued but that the candidate be allowed to seek reentry on one or more occasions in the future into an approved alternative teacher education program; or

(3) Disapproved: Recommends that a professional certificate not be issued and that the candidate not be allowed to enter into another approved alternative teacher education program in this state, but shall not be prohibited from pursuing teacher certification through other approved programs for the education of teachers in this state.

The chairperson of the professional support team approved education provider shall provide the alternative program teacher with a copy of the alternative program teacher's written evaluation report and certification recommendation before submitting it to the state superintendent. If the alternative program teacher disagrees with the chairperson's provider’s recommendation, the alternative program teacher may, within fifteen days of receipt, request an appeal in accordance with the certification appeals process established by the State Board of Education.

§18A-3-12. Technology integration specialists.

The Legislature finds that technology integration specialists are becoming more crucial as technology plays a continuously increasing role in the education of students. In order to address the need for more technology integration specialists, the teacher preparation programs in this state shall cooperate with the state board to ensure that:

(1) A portion of the technology integration hours required to apply for the Advanced Credential endorsed for Technology Integration Specialist is offered at each teacher preparation program while students are still working toward their teaching degree;

(2) Teacher education program students are aware of the option of attaining a Technology Integration Specialist Advanced Credential and Temporary Authorization early enough so that they can take advantage of the hours offered; and

(3) Alternative education programs are established by the teacher preparation programs to assist teachers who have already received their teaching certification attain the required hours necessary to earn a Technology Integration Specialist Advanced Credential. These alternative education programs are separate from programs required to be established by section one-a of this article.

The bill (Eng. Com. Sub. for H. B. No. 4122), as amended, was then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4206, Authorizing the Department of Transportation to promulgate legislative rules.

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

The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

On page three, section one, line nine, after the word “authorized” by striking out the period and adding the following: with the following amendments:

On page twenty-seven, subdivision 7.2.l., by striking out the word “al” and inserting in lieu thereof the word “all”;

On page thirty-five, subdivision 8.1.a., by striking out all of subdivision 8.1.a.;

And relettering the remaining subdivisions;

On page forty-three, subdivision 9.7.c., by striking out the word “subsection” and inserting in lieu thereof the word “subdivision”;

On page fifty-four, subdivision 9.21.b, by striking out the words “W.Va. Code §22-11" and inserting in lieu thereof the words “Water Pollution Control Act, W.Va. Code §22-11-1 et seq”;

And,

On page ninety-five, subdivision 13.2.e., by striking out “§5A-3-33a-f” and inserting in lieu thereof “§5A-3-33d”.

The bill (Eng. Com. Sub. for H. B. No. 4206), as amended, was then ordered to third reading.

The Senate proceeded to the tenth order of business.

Senate Bill No. 337, Relating to powers and duties of Commissioner of Banking.

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

Senate Bill No. 424, Exempting certain barbers from continuing education requirement.

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

Com. Sub. for Com. Sub. for Senate Bill No. 446, Relating to harassment, intimidation or bullying of public school students.

Having been removed from the Senate first reading calendar in earlier proceedings today, no further action thereon was taken

Senate Bill No. 490, Criminalizing trademark counterfeiting.

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

Com. Sub. for Com. Sub. for Senate Bill No. 552, Creating WV Land Stewardship Corporation Act.

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

Com. Sub. for Senate Bill No. 562, Establishing DEP procedure for biologic component compliance of narrative water quality standard.

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

Com. Sub. for Senate Bill No. 611, Developing special community-based pilot demonstration project to improve at-risk youth outcomes.

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

Com. Sub. for Senate Bill No. 615, Conforming WV Water Pollution Control Act with federal Clean Water Act.

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

Com. Sub. for Senate Bill No. 618, Relating to municipal and magistrate courts' notification to DMV of violator's failure to pay or appear.

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

Com. Sub. for Senate Bill No. 628, Allowing fund-raising for state executive party headquarters.

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

Senate Bill No. 637, Relating to maintenance of voter registration lists and records.

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

Com. Sub. for Senate Bill No. 647, Providing Boards of Medicine, Dental Examiners and Osteopathy initiate disciplinary proceedings related to controlled substance monitoring program data.

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

Com. Sub. for Senate Bill No. 649, Relating to nonintoxicating beer distributor licensees.

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

Com. Sub. for Senate Bill No. 659, Requiring criminal background checks for certain persons conducting state business.

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

Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,

On motion of Senator Unger, the Senate recessed until 5:30 p.m. today.

Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the fourth order of business.

Senator Palumbo, 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. 51, Relating to adultery and alimony in divorce proceeding.

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

Com. Sub. for Senate Bill No. 51 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §48-8-103 of the Code of West Virginia, 1931, as amended, relating to providing for denial of spousal support if a party learns of a spouse committing adultery through DNA evidence after entry of the divorce decree.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 51) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 149, Requiring law enforcement return forfeited or abandoned firearms to owners.

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

Com. Sub. for Senate Bill No. 149 (originating in the Committee on Finance)--A Bill to amend and reenact §36-8A-2, §36-8A-3 and §36-8A-5 of the Code of West Virginia, 1931, as amended, all relating to the disposition of forfeited or abandoned firearms in state custody.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 149) 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 Prezioso, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 153, Increasing tax credits for apprenticeship training in construction trades.

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

Com. Sub. for Senate Bill No. 153 (originating in the Committee on Finance)--A Bill to amend and reenact §11-13W-1 of the Code of West Virginia, 1931, as amended, relating to increasing the tax credits for apprenticeship training in construction trades.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 153) 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 Prezioso, 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. 342, Relating generally to criminal justice system.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 342) 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 Prezioso, 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. 362, Authorizing bond issuance for Cacapon Resort State Park and Beech Fork State Park capital improvements.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 362) 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 (Mr. President), from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration

Eng. Com. Sub. for Senate Bill No. 421, Creating Captive Cervid Farming Act.

Now on third reading, having been referred to the Committee on Rules on February 17, 2012;

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

Respectfully submitted,

Jeffrey V. Kessler,

Chairman ex officio.

Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Com. Sub. for Com. Sub. for Senate Bill No. 437, Relating generally to substance abuse.

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

Finance Com. Sub. for Senate Bill No. 437 (originating in the Committee on Finance)--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §16-5H-1, §16-5H-2, §16-5H-3, §16-5H-4, §16-5H-5, §16-5H-6, §16-5H-7, §16-5H-8 and §16-5H-9; to amend and reenact §30-1-7a of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §60A-3-308 of said code; to amend and reenact §60A-9-3, §60A-9-4, §60A-9-5 and §60A-9-7 of said code; to amend said code by adding thereto three new sections, designated §60A-9-4a, §60A-9-5a and §60A-9-8; to amend and reenact §60A-10-3, §60A-10-4, §60A-10-5, §60A-10-7, §60A-10-8 and §60A-10-11 of said code; and to amend and reenact §61-12-10 of said code, all relating to substance abuse generally; addressing the regulation of opioid treatment programs in this state; updating rules for opioid treatment program facilities to require clinical guidelines, recovery models, education and training requirements for treatment facility staff and treatment limitations and requirements; addressing the licensing and oversight of chronic pain management clinics; creating the Chronic Pain Clinic Licensing Act; providing definitions; establishing requirements for ownership, licensure, operation and management of pain management clinics; establishing limitations on the dispensing of controlled substances at a pain management clinic; requiring annual inspections of pain management clinics; exemptions from the act; providing for suspension or revocation of a pain management clinic license and setting forth due process requirements; providing for prohibitions on practicing at or operating a pain management clinic under certain circumstances; providing civil penalties regarding pain management clinics; providing for notice requirements to applicable licensing boards; requiring rules for the licensure of pain management clinics; removing requirement of certain licensed or certified health care professionals to complete continuing education course work on the subject of end-of-life care; requiring certain licensed or certified health care professionals to complete drug diversion training and best practice prescribing of controlled substances training; requiring certain licensing boards to establish drug diversion training and best practice prescribing of controlled substances training; requiring a valid practitioner-patient relationship to exist prior to compounding or dispensing prescriptions; requiring that buprenophine combined with naloxone prescribed or dispensed for treatment for opioid addiction be in the form of sublingual film unless medically contraindicated as of September 1, 2012; clarifying certain circumstances that do not establish a valid practitioner-patient relationship; requiring certain persons to submit information to the Controlled Substances Monitoring Program database within twenty-four hours; requiring additional information to be submitted to the Controlled Substances Monitoring Program database; clarifying that reporting is required for certain amounts of drugs dispensed to patients; requiring verification of certain information reported to the Controlled Substances Monitoring Program database; providing certain requirements and training for law-enforcement officials in order to access the Controlled Substances Monitoring Program database; permitting the Controlled Substances Monitoring Program Database Review Committee to query the Controlled Substances Monitoring Program database; requiring the Board of Pharmacy to review the Controlled Substances Monitoring Program database in order to issue certain reports; permitting the Board of Pharmacy to share certain information contained in the Controlled Substances Monitoring Program database with the Department of Health and Human Resources; requiring the Board of Pharmacy to establish an advisory committee; setting forth the membership of the advisory committee; outlining the advisory committee’s scope and duties; requiring the Board of Pharmacy to create a Controlled Substances Monitoring Program Database Review Committee; setting forth the membership of the review committee; outlining the review committee’s scope, powers and duties; requiring the Board of Pharmacy to promulgate certain legislative rules; permitting prescribing practitioners to notify law enforcement of certain violations with immunity; requiring the Board of Pharmacy to provide annual reports to the Legislature; requiring various boards that regulate professions with prescriptive authority to require persons licensed by the board to conduct an initial search of the Controlled Substances Monitoring Program database when prescribing a course of treatment that includes prescribing of pain-relieving controlled substances and an annual search of the Controlled Substances Monitoring Program database for certain patients; setting forth penalties for failing to search the Controlled Substances Monitoring Program database in certain circumstances; establishing a felony offense and penalties for unauthorized access, use or disclosure of information contained in the Controlled Substances Monitoring Program database; creating Fight Substance Abuse Fund and setting forth permissible uses for fund; defining terms and updating definitions in the Methamphetamine Laboratory Eradication Act; establishing reduced monthly amount restrictions on the sale, transfer, dispensing or possession of ephedrine, pseudoephedrine and phenylpropanolamine by pharmacies; establishing criminal penalties for purchasing, receiving or possessing certain quantities of ephedrine, pseudoephedrine and phenylpropanolamine; establishing criminal penalties for pharmacies, wholesalers or other entities which sell, transfer or dispense a product under certain circumstances; amending the restrictions on the sale, transfer or delivery of certain designated precursors to the manufacture of methamphetamine or other controlled substances; requiring offer of patient counseling by a pharmacist upon the sale, transfer or delivery of certain designated precursors to the manufacture of methamphetamine or other controlled substances; requiring certain processing requirements of pharmacists, pharmacy intern and pharmacy technicians; establishing use and requirements of the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to electronically submit certain information to the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to stop pending sales under certain circumstances; limiting liability of retailers utilizing the Multi-State Real-Time Tracking System under certain circumstances; requiring pharmacies or retail establishments to maintain written logs or electronic record-keeping databases under certain circumstances; providing supersession and preemption of all local laws, ordinances and regulations pertaining to the sale of certain substances; amending reporting requirements and requiring real-time electronic reporting of certain information; providing for law enforcement access to information pertaining to the sale of certain substances; allowing sheriffs and designees access to the database; requiring the National Association of Drug Diversion Investigators to forward certain records to the West Virginia State Police and provide real-time access to the Multi-State Real-Time Tracking System to law enforcement; requiring the West Virginia State Police to submit an annual report with data and statistics on methamphetamine use, production and distribution; and requiring the chief medical officer to provide notice to the Controlled Substances Monitoring Program Database Review Committee in the case of a death caused by overdose.

With the recommendation that the Finance committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Finance Com. Sub. for S. B. No. 437) 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 Prezioso, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 487, Creating Coalbed Methane Gas Distribution Fund.

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

Com. Sub. for Senate Bill No. 487 (originating in the Committee on Finance)--A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931, as amended, relating to the distribution of coalbed methane gas severance tax; establishing the Coalbed Methane Gas Distribution Fund in the State Treasurer’s Office; making technical changes to correct subdivision references; correcting the omission of the term “county economic development corporation”; authorizing the Tax Commissioner to deposit coalbed methane severance tax moneys into the Coalbed Methane Gas Distribution Fund; directing the State Treasurer to distribute coalbed methane severance tax moneys to counties; authorizing distribution of moneys to the lead economic development authority or economic development corporation for the county and designation thereof; authorizing distribution by the State Treasurer of accumulated moneys from fiscal years 2009, 2010, 2011 and 2012 to the lead economic development authority or economic development corporation for the county and designation thereof; specifying the permissible uses of Coalbed Methane Gas Distribution Fund moneys received by county economic development authorities and county economic development corporations; eliminating the requirement of Development Office approval for use of funds; and creating a reporting mechanism for accounting and use of Coalbed Methane Gas Distribution Fund moneys.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 487) 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 Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill No. 517, Including community beautification and reclamation programs in authorized community corrections programs.

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

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 517) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

Senator Palumbo, 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. 605, Limiting landowners' liability for military, law-enforcement or homeland defense training purposes.

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

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (S. B. No. 605) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

Senator Palumbo, 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. 608, Authorizing use of search warrant to draw blood from DUI suspect.

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

Com. Sub. for Senate Bill No. 608 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17C-5-4 of the Code of West Virginia, 1931, as amended, relating to driving under the influence of a controlled substance or substances or a combination of a controlled substance or alcohol; authorizing search warrant for blood draw; criteria for seeking a search warrant; and penalties.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 608) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 619, Relating to annual business fees and reports due Secretary of State.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 619) 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 Prezioso, 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. 624 (originating in the Committee on Economic Development), Relating generally to use of alternative-fuel motor vehicles.

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

Com. Sub. for Com. Sub. for Senate Bill No. 624 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6D-10; and to amend said code by adding thereto a new section, designated §11-14C-5a, all relating generally to use of alternative-fuel motor vehicles; permitting transfer of tax credits for purchase of alternative-fuel vehicles, conversion to an alternative-fuel vehicle or construction of alternative-fuel vehicle infrastructure; providing method of collection of motor fuel excise taxes when liquified natural gas or compressed natural gas are used as motor fuel; and specifying expiration date.

With the recommendation that the committee substitute for committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 624) 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 Prezioso, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 634, Authorizing certain municipalities impose limited special public safety assessment fee.

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

Com. Sub. for Senate Bill No. 634 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-13a; and to amend and reenact §8-22-20 of said code, all relating to authorizing certain municipalities with policemen’s pension and relief funds or firemen’s pension and relief funds to impose by ordinance a limited public safety assessment fee to be used to reduce actuarially accrued liabilities of municipal policemen’s or firemen’s pension and relief funds; and minimum standards for annual municipal contributions to the pension and relief funds.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 634) 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 Palumbo, 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. 643, Providing additional procedures for forfeiture of controlled substance contraband property.

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

Com. Sub. for Senate Bill No. 643 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-7-705a, relating to the West Virginia Contraband Forfeiture Act; revising procedures for administrative forfeiture of certain types of property involved in the trafficking of controlled substances; establishing time frames; and providing for notice.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 643) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 676 (originating in the Committee on Finance)--A Bill to amend and reenact §31-15A-17b of the Code of West Virginia, 1931, as amended, relating to Chesapeake Bay watershed compliance projects; and specifying dates by which eligible projects may apply for grant funding.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 676) 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 (Mr. President), from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration

Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study public school health, nutrition and wellness programs.

And,

Com. Sub. for Senate Concurrent Resolution No. 38, Requesting Committee on Interstate Cooperation study revising Uniform Common Interest Ownership Act.

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

Respectfully submitted,

Jeffrey V. Kessler,

Chairman ex officio.

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

Your Committee on Rules has had under consideration

Senate Concurrent Resolution No. 35, Requesting Joint Committee on Government and Finance study municipal property tax distribution.

With an amendment from the Committee on Finance pending;

And reports the same back with the recommendation that it be adopted as amended by the Committee on Finance to which the resolution was first referred.

Respectfully submitted,

Jeffrey V. Kessler,

Chairman ex officio.

Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had under consideration

Senate Concurrent Resolution No. 49, Requesting DOH name Wyoming County Rt. 0061/07 "Private Floyd Cline Memorial Highway".

Senate Concurrent Resolution No. 50, Requesting DOH name bridge in Monongalia County "Lt. Col. Carroll Baxter Lilly Memorial Bridge".

House Concurrent Resolution No. 6, The "John Charles Giese Memorial Bridge.

House Concurrent Resolution No. 19, The "Staff Sergeant Raymond Armentrout Memorial Bridge".

House Concurrent Resolution No. 32, Erecting signs at either end of Quite Dell, Harrison County, that reads "Home of Hershel Woodrow 'Woody' Williams: United States Congressional Medal of Honor Recipient".

House Concurrent Resolution No. 86, The "USMC PFC Woodrow Wilson Barr Memorial Bridge".

And,

House Concurrent Resolution No. 87, The "U.S. Army Tech/Sgt. James 'Aubrey' Stewart Memorial Highway".

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

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Unger, unanimous consent being granted, the resolutions (S. C. R. No. 49, S. C. R. No. 50, H. C. R. No. 6, H. C. R. No. 19, H. C. R. No. 32, H. C. R. No. 86 and H. C. R. No. 87) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.

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

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

The Senate proceeded to the thirteenth order of business.

At the request of Senator Yost, unanimous consent being granted, it was ordered that the Journal show had Senator Yost been present in the chamber on Friday, February 24, 2012, he would have voted “yea” on the passage of Engrossed Senate Bill No. 496, Engrossed Committee Substitute for Senate Bill No. 551, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 564, Engrossed Committee Substitute for Senate Bill No. 566, Engrossed Senate Bill No. 575, Engrossed Senate Bill No. 673, Engrossed House Bill No. 4087, Engrossed House Bill No. 4415 and Engrossed House Bill No. 4493.

On motion of Senator Unger, a leave of absence for the day was granted Senator K. Facemyer.

Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,

On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 28, 2012, at 11 a.m.

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