ANTI-METH BILL APPROVED, SENT TO HOUSE

Proposal Limits Purchases Of Items Containing Meth Ingredient

Legislation aimed at slowing down the production of methamphetamine by
limiting the sale of products with meth's active ingredient unanimously
passed the state Senate Tuesday and was sent to the House of Delegates.

"I think we have carefully constituted a piece of legislation that is going
to deal with this situation," said Senate Health and Human Resources
Chairman Roman Prezioso, D-Marion.

Senate Minority Leader Vic Sprouse, R-Kanawha, failed in three attempts to
amend the legislation (SB147). He said each of his amendments would
strengthen the bill, but his colleagues disagreed.

The bill would limit purchases of common cold medicines that contain
pseudoephedrine to three packages, or 9 grams, each month. Pseudoephedrine
is the active ingredient in Sudafed, a common over-the-counter cold medicine.

Customers would have to be at least 18, ask for the medicine and sign a
registry, which would be sent to the state Board of Pharmacy. The bill
exempts children's and liquid-capsule versions of the medicine.

As he offered his amendments, Sprouse called Kanawha County the "the meth
capital of West Virginia." He wanted to amend the bill to make it a felony
to make, or attempt to make, meth within 1,000 feet of a school, where "an
explosion may hurt or maim or kill multiple children" and meth fumes could
cause medical problems, he said.

But Judiciary Chairman Jeff Kessler, D-Marshall, noted there are already
laws dealing with the sale of the drug near schools. He called the five-to
20-year prison sentence proposed by Sprouse a "disproportionate sentence,"
and said it would not serve as a deterrent.

Sprouse's amendment failed on a 17-17 vote. All 13 Republicans voted for
it, along with Democratic Sens. Dan Foster and Brooks McCabe of Kanawha
County, Shirley Love of Fayette County and Mike Oliverio of Monongalia County.

A second Sprouse amendment that would have created a felony for exposing
first responders to the drug's fumes failed 19-15, while a third amendment
creating an enhanced penalty for possession of the drug within 1,000 feet
of a school went down on a 24-10 vote.

The bill is modeled after an Oklahoma law. Iowa's governor signed similar
legislation into law Tuesday.

School Enrollment

Also Tuesday, senators unanimously passed a bill (SB498) that could help
counties where student enrollment continues to climb. Such counties have
complained they do not get state funding for the additional students until
a year later, when they have even more.

Senate Education Chairman Robert Plymale, D-Wayne, praised his colleagues
for the vote, saying it will "get to a problem."

Counties will now get 60 percent of funding by Sept. 1 after the state
school board looks at projected enrollments. On Oct. 1 they will do their
actual head-count, which traditionally decides how many students the state
agrees they have. The state school board now must certify that number by
Dec. 15.

County school boards will get the remainder of their funds by Dec. 31 "so
they're not lagging a full year behind," Plymale said.

Those with dropping enrollments will still "continue to have one year to
adjust," he said.

Other Action

During a busy Tuesday floor session, all but one of the 17 bills under
final consideration unanimously passed. Sen. Frank Deem, R-Wood, voted
against legislation allowing the Division of Protective Services to bill
state agencies and outside groups for their services.

"They can charge anything they want to," Deem said.

A number of the bills passed Tuesday simply continue the existence or rules
of government agencies.

The Senate also unanimously passed and sent to the House:

A bill (SB191) that lets the state require people with mental illnesses to
take medications when they pose a threat to themselves or others.

A bill (SB30) that would let insurance companies raise rates when they file
for a rate increase, instead of awaiting action by the Insurance
Commission. It also allows the firms to drop some homeowners' policies and
to require fire-damaged residences to be replaced.

A bill (SB582) that allows both family and circuit court judges to set
support payments in neglect and abuse cases.

A bill (SB583) allowing the continued appeal of family court cases to
circuit court.

A bill (SB584) allowing the Bureau for Child Support Enforcement to enter
orders changing child support amounts.

A bill (SB585) giving probation officers access to juveniles' criminal files.