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Senate Journal


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sdj-50th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FIFTIETH DAY

____________

Charleston, W. Va., Wednesday, April 1, 2009

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

     Prayer was offered by the Reverend Gary McGrew, First Presbyterian Church, South Charleston, West Virginia.
     St. Agnes School's third grade class, Charleston, West Virginia, led the Senate in the recitation of the Pledge of Allegiance and then proceeded in the singing of "God Bless the USA".
     Pending the reading of the Journal of Tuesday, March 31, 2009,
     On motion of Senator Minard, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2133--A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for unlawful disposal of litter; increasing and requiring jail time; increasing fines; and increasing and mandating community service.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2415--A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §60A-4-412, relating to establishing that possession of a mixture or preparation intended for human consumption containing salvia divinorum is unlawful; and creating criminal penalties.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2485--A Bill to amend and reenact §60A-10- 3, §60A-10-4, §60A-10-5 and 60A-10-8 of the Code of West Virginia, 1931, as amended, all relating to persons who may sell pseudoephedrine and other chemical precursors of methamphetamine.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2536--A Bill to amend and reenact §61-3-28 of the Code of West Virginia, 1931, as amended, relating to adding language that includes railcars and locomotives in the category of railroad property that is illegal to interfere or tamper with.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2009, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2538--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-22, relating to supplemental funding for programs for students with limited English proficiency and learning English as a second language; providing framework for the distribution of appropriations of funds for the programs; requiring application by county boards to receive funding; and requiring state board rule to implement provisions.
     Referred to the Committee on Education; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2561--A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal.
     Referred to the Committee on Agriculture; 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. 2626--A Bill to amend and reenact §33-46-2 of the Code of West Virginia, 1931, as amended, relating to the licensing and regulation of pharmacy benefit managers; clarifying the definition of third party administrator to specifically include pharmacy benefit manager; and definitions.
     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, to take effect July 1, 2009, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2747--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-3-14e, all relating to creating a temporary health information technology reinvestment fee for health insurers; providing definitions; establishing penalties for noncompliance; providing rule-making authority; providing for reduction or elimination of fees if available funds exceed necessary amounts; and establishing an effective date.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
     Eng. Com. Sub. for House Bill No. 2795, Creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age.
     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. 2807--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4 and §5A- 6B-5, all relating to the West Virginia Geographical Information System.
     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. 2863--A Bill to amend and reenact §5G-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-1-5 of said code; to amend and reenact §24-2-11 of said code; and to amend and reenact §31-15A-3 and §31-15A-6 of said code, all relating to construction of state utility projects; putting limitations on engineering design and construction inspection fees for state and state subdivision sponsored utility construction; requiring all Water Development Authority sponsored utility projects to get authorization prior to removal of proposed customers of a project; requiring the governmental agency administering the utility project to perform an annual maintenance audit of the utility; altering the number of customers or proposed customers protesting requiring a formal hearing; reducing time periods for the Public Service Commission to review and approve certain applications by public utilities for certificate of public convenience and necessity; providing for additional members of the West Virginia Infrastructure and Jobs Development Council; and requiring a study of engineering costs by the West Virginia Infrastructure and Jobs Development Council.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2870--A Bill to amend and reenact §18-7D-5 and §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System; and similarly extending the time for loans for such buyback.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2964--A Bill to amend and reenact §17A-6-7 of the Code of West Virginia, 1931, as amended, relating to issuance of renewal license certificate to motor vehicle dealers; and when renewal may be issued to dealers who sell less than eighteen vehicles in a year.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2976--A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to the State Building Code; and requiring the State Fire Commission to promulgate rules pertaining to the State Building Code that are in accordance with certain national and international building codes and standards.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3043--A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to the prohibition of extended coverage upon retirement based upon years of service for new higher education employees beginning July 1, 2009.
     Referred to the Committee on Education; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3063--A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to hunting, tagging and reporting bear; changing and clarifying lawful weight limits; clarifying that it is unlawful to shoot at or kill any bear while it is accompanied by a cub; making it unlawful to shoot at or kill a cub regardless of its weight, if it is accompanied by another bear; and penalties.
     Referred to the Committee on Natural Resources.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3105--A Bill to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-4-406 of said code, all relating to increasing the safety of school children that use school buses; increasing the criminal penalties for failure to stop a vehicle before reaching a school bus with flashing warning signal lights; and providing additional circumstances which increase the periods of ineligibility for parole upon sentences for certain felony convictions for the distribution of controlled substances in the proximity of students awaiting, boarding or exiting a school bus.
     Referred to the Committee on Education; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3132--A Bill to amend and reenact §17C-10-2 of the Code of West Virginia, 1931, as amended, relating to pedestrians' right-of-way in crosswalks.
     Referred to the Committee on Transportation and Infrastructure; 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. 3146--A Bill to amend and reenact §18A-4-8b of the Code of West Virginia, 1931, as amended, relating to seniority rights for school service personnel; revising criteria for consideration of applicants; and providing for assignment based on seniority in certain circumstances in certain classifications.
     Referred to the Committee on Education.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 3155--A Bill to amend and reenact §12-1A-4 and §12-1A-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §12-1A-7 and §12-1A-8, all relating to the renewal of the West Virginia Small Business Linked Deposit Program; limiting liability of certain state agencies; penalties for violation; and updating certain language within the code.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 3169--A Bill to amend and reenact §44-2-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-3A-2 of said code, all relating to providing a standard of review that the county commission may apply in reviewing the findings or orders of a fiduciary supervisor or fiduciary commissioner on probate matters.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 3170--A Bill to amend and reenact §44A-2-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44A-3-11 of said code, all relating to clarifying the filing and review of the periodic accountings of conservators of incapacitated protected persons.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3194--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31B-1-114, relating to the creation of a criminal penalty for knowingly filing materially false information regarding a limited liability company with the Secretary of State.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 3197--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-16b, relating to authorizing municipalities to permit nonpolice officers to issue citations for littering.
     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. 3224--A Bill to amend and reenact §54-2-19 of the Code of West Virginia, 1931, as amended, relating to compensation for condemnation commissioners.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3288--A Bill to amend and reenact §33-16-3a of the Code of West Virginia, 1931, as amended, relating to group accident and sickness insurance requirements to cover treatment of mental illness; providing that actual increases in costs for certain coverage determine whether cost containment measures may be applied by the insurer of certain groups; and removing certain provisions regarding small groups.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 3295--A Bill to amend and reenact §18-30-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §36-8-13 of said code; and to amend and reenact §44-1-28 of said code, all relating to the West Virginia State Treasurer's Office; transferring a one time sum of $8 million from the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Escrow Fund; setting $1 million as the amount to be transferred annually from the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Fund until the actuary certifies there are sufficient funds to pay out all contracts; authorizing investment of the Unclaimed Property Trust Fund; and facilitating payments by the state where the owner has died.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3336--A Bill to amend and reenact §16-5K-2 and §16-5K-6 of the Code of West Virginia, 1931, as amended, all relating to authorizing the Bureau for Public Health to continue providing early intervention services to families with developmentally delayed infants and toddlers but eliminates the cost-free provision; authorizes the ability to charge fees on a sliding scale and to bill third party payers; and establishes that any fees or payments by third party payers will go into the Birth-to-Three Fund.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     The Senate proceeded to the sixth order of business.
Petitions

     Senator Laird presented a petition from Joey Adkins and twenty-eight Fayette County residents, requesting the Legislature designate Kitchen Lane as a state road.
     Referred to the Committee on Transportation and Infrastructure.
     At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
     Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Committee Substitute for Senate Bill No. 677 and Engrossed Committee Substitute for Senate Bill No. 740.
     Senator Chafin also announced that in the same meeting, the Committee on Rules had returned to the Senate calendar, on third reading, Engrossed Senate Bill No. 430; and on second reading, Senate Bill No. 322 and Committee Substitute for Senate Bill No. 552, under rule number seventeen of the Rules of the Senate.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 50, Requesting Joint Committee on Government and Finance study reciprocal hospice care service agreements with border states.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 17, Increasing certain Cultural Facilities and Capitol Resources Matching Grant Program Fund allocations.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Helmick, unanimous consent was granted to offer an amendment to the bill on third reading.
     Thereupon, on motion of Senator Helmick, the following amendment to the bill was reported by the Clerk and adopted:
     On page six, section ten, line seventy-seven, after the word "receive" by inserting the word "fifty".
     The bill, as just amended, was again ordered to engrossment.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 17 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 17) 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. 63, Increasing deposit from State Excess Lottery Revenue Fund to Higher Education Improvement Fund.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 63) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 63) takes effect July 1, 2009.
     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. 78, Relating to special license plates.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 78) 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. 84, Authorizing municipalities to provide free parking for certain veterans.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 84) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 227, Authorizing Department of Revenue promulgate legislative rules.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 227) passed.
     On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Eng. Com. Sub. for Senate Bill No. 227--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule- Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; repealing a certain legislative rule; disapproving a certain legislative rule; authorizing the State Tax Department to repeal a legislative rule relating to valuation of intangible personal property including stock accounts receivable and stock in banks and capital of savings and loan associations; authorizing the State Tax Department to promulgate a legislative rule relating to combined returns pursuant to an investigation by the Tax Commissioner; authorizing the State Tax Department to promulgate a legislative rule relating to the film industry investment tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to electronic filing and payment of special district excise tax; authorizing the State Tax Department to promulgate a legislative rule relating to the withholding or denial of personal income tax refunds from taxpayers who owe municipal costs, fines, forfeitures or penalties; not authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Division and the Department of Health and Human Resources Office of the Inspector General Medicaid Fraud Control Unit; authorizing the Insurance Commissioner to promulgate a legislative rule relating to coordination of health benefits; authorizing the Insurance Commissioner to promulgate a legislative rule relating to long-term care insurance; authorizing the Insurance Commissioner to promulgate a legislative rule relating to actuarial opinion and memorandum; authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers; authorizing the Insurance Commissioner to promulgate a legislative rule relating to viatical settlements; authorizing the Insurance Commissioner to promulgate a legislative rule relating to discount medical plan organizations and discount prescription drug plan organizations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to professional employer organizations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to preneed life insurance minimum standards for determining reserve liabilities and nonforfeiture values; and authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 227) 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. 246, Relating to unemployment compensation generally.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: Barnes, Boley, Caruth and Sypolt--4.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 246) 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. 257, Creating nonvoting student member position on county boards of education.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 257) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 257) 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. 258, Clarifying local fiscal bodies cannot be held liable for certain deficits.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 258) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 258) 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. 271, Requiring write-in candidates pay filing fee.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 271) 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. 274, Allowing county boards of education enter into lease-purchase agreements.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 274) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 274) takes effect July 1, 2009.
     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. 278, Creating felony offense of willful failure to provide certain drug benefits.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 278) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 286, Expanding prepaid limited health service organizations services.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 297, Creating Alternative and Renewable Energy Portfolio 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, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: K. Facemyer and Hall--2.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 297) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: K. Facemyer and Hall--2.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 297) takes effect July 1, 2009.
     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. 373, Relating to PROMISE Scholarship.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     Pending extended discussion,
     The question being "Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 373 pass?"
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 373) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 373) takes effect July 1, 2009.
     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. 378, Relating to concealed handgun license reciprocity.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: Foster--1.
     Absent: Helmick--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. 378) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 398, Imposing certain restrictions on graduated driver's licenses.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Helmick--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 398) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     On motion of Senator Chafin, the Senate recessed until 1:30 p.m. today.
     Upon expiration of the recess, the Senate reconvened and resumed consideration of the remainder of its third reading calendar, the next bill coming up in numerical sequence being
     Com. Sub. for Com. Sub. for Senate Bill No. 414, Relating to Pharmaceutical Cost Management Council and health care delivery systems.
     On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 31, 2009, for further amendments to be received on third reading, was reported by the Clerk.
     There being no further amendments offered,
     The bill, as amended on yesterday, Tuesday, March 31, 2009, was ordered to engrossment.
     Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 414 was then read a third time and put upon its passage.
     Prior to the call of the roll, Senator Barnes moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
     Pending extended discussion,
     The question being "Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 414 pass?"
     On the passage of the bill, the yeas were: Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Boley--1.
     Absent: Helmick--1.
     Excused from voting: Barnes--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 414) 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. 430, Prohibiting premium subsidies for certain public employees.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's first reading calendar.
     Eng. Senate Bill No. 434, Relating to long-term care policy insurance agents.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Helmick--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. 434) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Helmick--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. 434) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 435, Creating Learn and Earn Cooperative Education Program.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Helmick--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. 435) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Helmick--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. 435) takes effect July 1, 2009.
     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. 440, Increasing county litter control officers' authority.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Helmick--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. 440) 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. 450, Allowing Public Employees Insurance Agency enter into capitated provider arrangements.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Com. Sub. for Senate Bill No. 451, Relating to crime victims' compensation awards.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Helmick--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. 451) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Helmick--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 451) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 465, Clarifying certain Real Estate Division's powers.
     On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 31, 2009, for amendments to be received on third reading, was reported by the Clerk.
     At the request of Senator McCabe, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
     Eng. Senate Bill No. 481, Requiring employers provide certain documentation to Public Employees Insurance Agency.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Helmick--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. 481) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 485, Requiring certain students undergo dental examination.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 485) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 498, Relating to early childhood education.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for
Com. Sub. for S. B. No. 498) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 498) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 534, Authorizing Chief Technology Officer obtain certain confidential information.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Kessler, unanimous consent was granted to offer amendments to the bill on third reading.
     Thereupon, on motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page two, section eight, line two, by striking out the word "or" and inserting in lieu thereof a comma;
     On page two, section eight, line three, by striking out the words "or the West Virginia State Police";
     And,
     On page two, section eight, line four, after the word "code" by inserting the words "or the West Virginia State Police".
     The bill, as just amended, was again ordered to engrossment.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 534 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 534) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 537, Relating to workers' compensation.
     On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 31, 2009, for amendments to be received on third reading, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Committee Substitute for Senate Bill No. 465, already placed in that position.
     Eng. Senate Bill No. 556, Relating to defensive driving course points deduction.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 556) 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. 592, Creating behavioral health service provider tax.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 592) 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. 600, Relating to coal reclamation tax.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 600) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 600) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 620, Revising Municipal Economic Opportunity Development District Act.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Unger, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Committee Substitute for Senate Bill No. 537, already placed in that position.
     Eng. Com. Sub. for Senate Bill No. 631, Relating to certain insurance policy cancellation.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 631) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 634, Relating to certain volunteering physicians' liability.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 634) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 635, Relating to Process for Improving Education Council.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 635) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 638, Relating to higher education capital facilities.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 638) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 638) 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. 639, Relating to Public Records Management and Preservation 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, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 639) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 639) takes effect July 1, 2009.
     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. 641, Disclosing solid waste origins at commercial landfills.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 641) 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. 645, Relating to municipalities and counties issuing bonds.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Engrossed Senate Bill No. 620, already placed in that position.
     Eng. Senate Bill No. 669, Extending Preventative Care Pilot Program.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: Kessler--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 669) 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. 671, Relating to WV Guardianship and Conservatorship 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, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 671) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 677, Requiring certain corporations provide members' and managers' names upon request.
     Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
     Eng. Senate Bill No. 680, Establishing 2010 calendar year average motor fuel wholesale price.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 680) 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. 680--A Bill to repeal §11-14C-48 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-14C-5 of said code, relating to eliminating the Motor Fuel Excise Tax Shortfall Reserve Fund; and establishing the average wholesale price of motor fuel for the 2010 calendar year for purposes of calculating the rate of motor fuel excise tax.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 680) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator Bowman, and by unanimous consent, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
     On motion of Senator Bowman, the Senate requested the return from the House of Delegates of
     Eng. Senate Bill No. 669,
Extending Preventative Care Pilot Program.
     Passed by the Senate in earlier proceedings today,
     The bill still being in the possession of the Senate,
     On motion of Senator Bowman, the Senate reconsidered the vote as to the passage of the bill.
     The vote thereon having been reconsidered,
     The question again being on the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 669) 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 again proceeded to the eighth order of business.

     Eng. Senate Bill No. 698, Authorizing certain regional water and wastewater authorities provide joint maintenance to participating agencies.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 698) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 698) takes effect July 1, 2009.
     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. 702, Changing workers' compensation purchase date deadline for governmental entities.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 702) 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. 714, Relating to alternative sentencing programs.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 714) passed.
     On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Eng. Com. Sub. for Senate Bill No. 714--A Bill to amend and reenact §62-11A-1a of the Code of West Virginia, 1931, as amended, relating to sentencing alternatives; and prohibiting circuit judges and magistrates from supervising, directing or managing work programs.
     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. 715, Establishing Chesapeake Bay Restoration Initiative.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 715) 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. 718, Allowing certain counties and municipalities increase proportionate share of lottery table games receipts.
     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, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: Boley--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 718) 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. 718--A Bill to amend and reenact §29-22C-27 of the Code of West Virginia, 1931, as amended, relating to allocating to the Lottery Commission and to certain municipalities and counties an increased proportion of the adjusted gross receipts from licensed racetracks with West Virginia Lottery table games; providing a corresponding decrease in funds transferred to the state when the voters of all the counties that have licensed racetracks have approved that West Virginia Lottery table games are permitted at those licensed racetracks; increasing share allocated to racetrack counties and municipalities; and increasing the Lottery Commission's administration fee.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator D. Facemire, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the eighth order of business.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 724, Relating to health care provider tax.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 724) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 728, Creating WV Commercial Patent Incentives Tax Act.
     On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 31, 2009, for amendments to be received on third reading, was reported by the Clerk.
     There being no amendments offered,
     The bill was ordered to engrossment.
     Engrossed
Senate Bill No. 728 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 728) 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. 740, Relating to obscene, harassing and threatening communications via the internet.
     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. 749, Reviewing certain driver's license DUI revocation orders.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: Oliverio and Unger--2.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 749) 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. 756, Increasing military facilities security guards' patrol areas.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 756) 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. 766, Relating to certain sewer and water infrastructure projects' engineering services.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: K. Facemyer, Hall and Unger--3.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 766) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: K. Facemyer, Hall and Unger--3.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 766) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
     Upon expiration of the recess, the Senate reconvened.
     Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed Senate Bill No. 430; and from the Senate first reading calendar, Committee Substitute for Senate Bill No. 692.
     Senator Chafin also announced that in the same meeting, the Committee on Rules had returned to the Senate calendar, on third reading, Engrossed Committee Substitute for Senate Bill No. 740 and Engrossed Senate Bill No. 762, under rule number seventeen of the Rules of the Senate.
     The Senate resumed consideration of the remainder of its third reading calendar, the next bill coming up in numerical sequence being
     Eng. Com. Sub. for Senate Bill No. 740, Relating to obscene, harassing and threatening communications via the internet
.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Kessler, unanimous consent was granted to offer an amendment to the bill on third reading.
     Thereupon, on motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
     On page two, section fourteen-a, line fourteen, by striking out the word "Publish" and inserting in lieu thereof the words "Willfully publish".
     The bill, as just amended, was again ordered to engrossment.
     Engrossed Committee Substitute for Senate Bill No. 740 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 740) 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. 762, Relating to volunteer firefighters' Length of Service Awards Program.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Bowman, unanimous consent was granted to offer an amendment to the bill on third reading.
     Thereupon, on motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
     That §7-1-3d of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §8-15-8 and §8-15-8b of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §8-15-8d, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3d. Levy for, establishment and operation of fire prevention units; financial aid.

     
(a) The county commission in any county may levy for and may erect, maintain and operate fire stations and fire prevention units and equipment therefor in the county: Provided, That if a county commission establishes a separate fire protection unit in any city in West Virginia that is now operating under the provisions of the state civil service act for paid fire departments, then the new unit shall be operated in accordance with the provisions of the civil service act.
     (b) Any county commission may render financial aid to any one or more public fire protection facilities in operation in the county for the general benefit of the public in the prevention of fires.
     (c) Any county commission may also authorize volunteer fire companies or paid fire departments to charge reasonable reimbursement fees for personnel and equipment used in performing fire-fighting services, victim rescue or cleanup of debris or hazardous materials by department personnel. The rate for any such fees to be charged to property owners or other persons responsible or liable for payment for such services must be approved by the county commission and must be reasonable: Provided, however That no fee for any single incident or accident shall exceed five hundred dollars, except an incident or accident involving hazardous materials.
     (d) The county commission shall require that any fees charged pursuant to the authority conferred by this section must be in writing and be itemized by specific services rendered and the rate for each service.
     (e) The county commission may provide funding to a length of service awards program administered by a local volunteer fire department: Provided, That the county commission and the local volunteer fire department shall enter into an agreement specifically stating that the county commission shall have no ownership of the program and shall not be held liable for the program and any unfunded portions thereof.
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 15. FIREFIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

§8-15-8. Support of volunteer fire company; return of property upon dissolution.

  
(a) Any municipality may contribute to the support of its volunteer fire company by providing a firehouse, fire-fighting equipment, necessary paid personnel and incidental requirements to maintain such company upon an efficient basis. Upon the dissolution of any such company, all of the property contributed by the municipality shall become the property of and be returned to such municipality.  
  (b) A municipality may provide funding to a length of service awards program administered by a local volunteer fire department:
Provided,
That the municipality and the local volunteer fire department shall enter into an agreement specifically stating that the municipality shall have no ownership of the program and shall not be held liable for the program and any unfunded portions thereof.
§8-15-8b. Authorized expenditures of revenues from the Municipal Pensions and Protection Fund and the Fire Protection Fund.

     
(a) Revenues allocated to volunteer and part-volunteer fire companies and departments may be expended only for the items listed in subdivisions (1) through (12) (13), inclusive, subsection (b) of this section.
     (b) Funds received from the state for volunteer and part- volunteer fire companies and departments, pursuant to sections fourteen-d and thirty-three, article three, chapter thirty-three of this code and section sixteen-a, article twelve of said chapter may not be commingled with funds received from any other source. Expenditures may be made for the following:
     (1) Personal protective equipment, including protective head gear, bunker coats, pants, boots, combination of bunker pants and boots, coats and gloves;
     (2) Equipment for compliance with the national fire protection standard or automotive fire apparatus, NFPA-1901;
     (3) Compliance with insurance service office recommendations relating to fire departments;
     (4) Rescue equipment, communications equipment and ambulance equipment: Provided, That no moneys received from the Municipal Pensions and Protection Fund or the Fire Protection Fund may be used for equipment for personal vehicles owned or operated by volunteer fire company or department members;
     (5) Capital improvements reasonably required for effective and efficient fire protection service and maintenance of the capital improvements;
     (6) Retirement of debts;
     (7) Payment of utility bills;
     (8) Payment of the cost of immunizations, including any laboratory work incident to the immunizations, for firefighters against hepatitis-b and other blood-borne pathogens: Provided, That the vaccine shall be purchased through the state immunization program or from the lowest cost vendor available: Provided, however, That volunteer and part-volunteer fire companies and departments shall seek to obtain no-cost administration of the vaccinations through local boards of health: Provided further, That in the event any volunteer or part-volunteer fire company or department is unable to obtain no-cost administration of the vaccinations through a local board of health, the company or department shall seek to obtain the lowest cost available for the administration of the vaccinations from a licensed health care provider;
     (9) Any filing fee required to be paid to the Legislative Auditor's Office under section fourteen, article four, chapter twelve of this code relating to sworn statements of annual expenditures submitted by volunteer or part-volunteer fire companies or departments that receive state funds or grants;
     (10) Property/casualty insurance premiums for protection and indemnification against loss or damage or liability;
     (11) Operating expenses reasonably required in the normal course of providing effective and efficient fire protection service, which include, but are not limited to, gasoline, bank fees, postage and accounting costs; and
     (12) Dues paid to national, state and county associations; and
_____(13)
Funding a length of service awards program administered by a local volunteer fire department: Provided, That the State Fire Marshal and the local volunteer fire department shall enter into an agreement specifically stating that the state shall have no ownership of the program and shall not be held liable for the program and any unfunded portions thereof.
§8-15-8d. Authorized expenditures of revenues privately raised for funding of a length of service awards program.

     (a) Revenues privately raised by a volunteer fire department, including revenues from raffles and charitable bingo, may be used to provide benefits to its members under a length of service awards program: Provided, That each volunteer fire department shall contribute no more than $30,000 per fiscal year to its length of service awards program.
     (b) The State of West Virginia and any of its political subdivisions shall have no ownership of the program administered by a local volunteer fire department pursuant to this section and shall not be held liable for the program and any unfunded portions thereof.
     The bill, as just amended, was again ordered to engrossment.
     Engrossed Senate Bill No. 762 was then read a third time and put upon its passage.
     Pending extended discussion,
     At the request of Senator Caruth, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar, following consideration of Engrossed Senate Bill No. 645, already placed in that position.
     The end of today's third reading calendar having been reached, the Senate returned to the consideration of
     Com. Sub. for Senate Bill No. 465, Clarifying certain Real Estate Division's powers.
     On third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, March 31, 2009, for amendments to be received on third reading, was reported by the Clerk.
     On motions of Senators Chafin, Helmick and Unger, the following amendment to the bill was reported by the Clerk:
     On page seven, section three, line forty-four, after the word "services" by changing the period to a colon and inserting the following proviso: Provided, That the Real Estate Division must obtain approval from the Joint Committee on Government and Finance for the final dollar amounts involved in the lease or purchase of any real property.
     The question being on the adoption of the amendment offered by Senators Chafin, Helmick and Unger to the bill, the same was put.
     The result of the voice vote being inconclusive, Senator Deem demanded a division of the vote.
     A standing voted being taken, there were fourteen "yeas" and seventeen "nays".
     Whereupon, the President declared the amendment offered by Senators Chafin, Helmick and Unger to the bill (Com. Sub. for S. B. No. 465) rejected.
     The bill was ordered to engrossment.
     Engrossed Committee Substitute for Senate Bill No. 465
was then read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 465) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 465) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Action as to Engrossed Committee Substitute for Senate Bill No. 465 having been concluded, the Senate proceeded to the consideration of
     Com. Sub. for Senate Bill No. 537, Relating to workers' compensation.
     On third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, March 31, 2009, for amendments to be received on third reading, was reported by the Clerk.
     On motions of Senators Helmick, Barnes and Sypolt, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page five, section one-d, line eighteen, by striking out the word "thirty" and inserting in lieu thereof the word "sixty";
     On page five, section one-d, line twenty, by striking out the word "thirty" and inserting in lieu thereof the word "sixty";
     And,
     On page six, section one-d, line fifty-five, after the word "first-class" by inserting the word "certified".
     On motions of Senators Kessler and Caruth, the following amendment to the bill (Com. Sub. for S. B. No. 537) was next reported by the Clerk and adopted:
     On page nine, section one-d, line one hundred five, after the word "herewith" by changing the period to a colon and inserting the following proviso: Provided, That receipt by the prime contractor of a certificate of coverage from a subcontractor shall be deemed to relieve the prime contractor of responsibility regarding the subcontractor's workers' compensation coverage.
     On motion of Senator Kessler, the following amendments to the bill (Com. Sub. for S. B. No. 537) were next reported by the Clerk, considered simultaneously, and adopted:
     On page eight, section one-d, lines eighty-eight and eighty- nine, by striking out the words "this section" and inserting in lieu thereof the words "subsections (a) through (f), inclusive, of this section";
     On page ten, section one-d, after line one hundred twenty- four, by inserting the following:
     The subcontractor shall provide proof of continuing coverage to the prime contractor by providing a certificate showing current as well as renewal or replacement coverage during the term of the contract between the prime contractor and the subcontractor.;
     On page sixty-seven, section sixteen, line one, by striking out the word "No" and inserting in lieu thereof the words "
In any claim in which full and final settlement has not occurred, no ";
     On page sixty-eight, section sixteen, line seventeen, by striking out the words "full and final";
     And,
     On page sixty-eight, section sixteen, line seventeen, after the word "claim" by inserting the words "for medical benefits only".
     The bill, as just amended, was ordered to engrossment.
     Engrossed Committee Substitute for Senate Bill No. 537
was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 537) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Action as to Engrossed Committee Substitute for Senate Bill No. 537 having been concluded, the Senate proceeded to the consideration of
     Eng. Senate Bill No. 620, Revising Municipal Economic Opportunity Development District Act.
     On third reading, coming up in deferred order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 620) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Action as to Engrossed Senate Bill No. 620 having been concluded, the Senate proceeded to the consideration of
     Eng. Senate Bill No. 645, Relating to municipalities and counties issuing bonds.
     On third reading, coming up in deferred order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 645) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 645) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Action as to Engrossed Senate Bill No. 645 having been concluded, the Senate proceeded to the consideration of
     Eng. Senate Bill No. 762, Relating to volunteer firefighters' Length of Service Awards Program
.
     Having been read a third time in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.
     The question being "Shall Engrossed Senate Bill No. 762 pass?"
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 762) passed.
     On motion of Senator Bowman, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Eng. Senate Bill No. 762-- A Bill to amend and reenact §7-1-3d of the Code of West Virginia, 1931, as amended; to amend and reenact §8-15-8 and §8-15-8b of said code; and to amend said code by adding thereto a new section, designated §8-15-8d, all relating to volunteer fire companies and departments; allowing the state, county commissions and municipalities to provide funding to volunteer fire companies and departments for length of service awards program; allowing volunteer fire companies and departments to use privately raised funds for length of service awards program; and clarifying that the state, county commissions and municipalities are not liable for any length of service awards program.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 762) takes effect from passage.
     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 Bill No. 45, Authorizing Department of Environmental Protection Secretary to sign National Pollutant Discharge Elimination System permits.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     Engrossed Committee Substitute for Senate Bill No. 45 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 45) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 322, Exempting certain life insurance policies from Medicaid assignment.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     Engrossed Senate Bill No. 322 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 322) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 552, Relating to affordable health insurance plan proposals.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: Foster--1.
     Absent: Hall--1.
     Engrossed Committee Substitute for Senate Bill No. 552 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: Foster--1.
     Absent: Hall--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. 552) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 649, Increasing Capitol Building Commission membership.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     The Senate proceeded to the tenth order of business.
     Senate Bill No. 338, Creating additional seventeenth judicial circuit court judge.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill (S. B. No. 338) was then read a second time.
     On motions of Senators Chafin and Fanning, the following amendment to the bill was reported by the Clerk:
     On page five, section one, line seventy-four, after the word "judge" by changing the semicolon to a colon and inserting the following proviso: "Provided, That effective July 1, 2009, said circuit court shall have three judges;".
     The question being on the adoption of the amendment offered by Senators Chafin and Fanning to the bill, the same was put and did not prevail.
     The bill was ordered to engrossment and third reading.
     Engrossed Senate Bill No. 338 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 338) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 338) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 472, Revising certain outdoor advertising restrictions.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 472 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 472) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 580, Excluding certain taxicab companies from Workers' Compensation Fund liability.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: Barnes, D. Facemire, Guills and Sypolt--4.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 580 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: Barnes, Guills and Sypolt--3.
     Absent: Hall--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. 580) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: Barnes, Guills and Sypolt--3.
     Absent: Hall--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. 580) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 667, Prohibiting certain panhandling and solicitation.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 667 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 667) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Com. Sub. for Senate Bill No. 678, Creating High-Technology Business Property Valuation Act.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: White--1.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 678 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 678) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 678) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 687, Relating to Comprehensive Behavioral Health Commission.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 687 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 687) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 687) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Bill No. 692, Creating Office of Miners' Health, Safety and Training administrative law judge office.
     Having been removed from the Senate first reading calendar in earlier proceedings today, no further action thereon was taken.
     Senate Bill No. 767, Relating to certain Medicaid program contracts.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 767 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 767) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 767) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 430, Prohibiting premium subsidies for certain public employees.
     Having been removed from the Senate calendar in earlier proceedings today, no further action thereon was taken.
     At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 242, Creating Evans-Perry Act to Reduce DUI Recidivism.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 242 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-11-22 of said code, all relating to driving under the influence of alcohol or drugs generally; encouraging participation in the interlock program for person awaiting adjudication; and adding DUI offenses to the jurisdiction of drug courts.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 242) 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.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Barnes and Caruth--2.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 242 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 242) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Com. Sub. for Senate Bill No. 298, Increasing Enhanced 911 Wireless Tower Access Assistance Fund allocation.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 298) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 298 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: Foster, Palumbo and Wells--3.
     Absent: Hall--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. 298) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: Foster, Palumbo and Wells--3.
     Absent: Hall--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 298) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 317, Adding DUI penalties.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 317 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to adding penalties for driving under the influence.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 317) 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.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 317 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 317) passed with its title.
     Senator Chafin moved that the bill take effect September 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 317) takes effect September 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 456, Creating Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 456 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2, §47-25-3, §47-25-4, §47-25-5, §47-25-6, §47-25-7, §47-25-8, §47-25-9, §47-25-10, §47-25-11, §47-25-12 and §47-25-13, all relating to establishing a cigarette fire safety standard for cigarettes sold in the state; defining terms; setting a reduced cigarette ignition propensity performance test and standard; requiring compliance certification by manufacturers; setting certification fees; requiring manufacturers to maintain records; requiring certain packaging markings; establishing civil penalties; establishing a special penalty fund; requiring the State Fire Marshal to review effectiveness of the law and report to the Legislature; providing the State Fire Marshal with rule-making authority; authorizing inspections by State Tax Commissioner; authorizing the sale of existing inventory; permitting manufacturers to sell noncompliant cigarettes to other states and foreign countries; preemption if federal law or regulations establishes a national standard; preemption of local regulations; and establishing effective dates.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 456) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 456 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 456) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 564, Relating to Department of Environmental Protection's final actions on coal mine permits.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 564 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-1-6 of the Code of West Virginia, 1931, as amended, relating to requiring all final actions by the Department of Environmental Protection regarding coal mine permits to be completed within six months after the applicant provides all information required for a final decision to be made on said application for a coal mining permit.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffery V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 564) 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.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 564 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 564) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 768 (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 §55-7-23a, relating to products liability claims that are based upon prescription drug manufacturer's alleged failure to warn.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffery V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 768) 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 Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 769 (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 §16-9A-10, relating to prohibiting the possession, sale, importation or distribution of dissolvable tobacco products within the state; and establishing penalties for violations.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 769) 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 Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 770 (originating in the Committee on Finance)- -A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to providing that excess funds in the Regional Jail and Correctional Facility Authority Fund do not revert to the general revenue but to the local governments; and authorizing rulemaking.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 770) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 770 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Hall--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. 770) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, April 2, 2009, at 11 a.m.
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