WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2011
THIRD DAY
____________
Charleston, W. Va., Wednesday, August 3, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Alton Dillard, Sr., Allen
Chapel A.M.E. Church, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, August 2, 2011,
On motion of Senator Tucker, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the third order of business.
Senator Kessler (Acting President) laid before the Senate the
following supplement to the proclamation dated July 29, 2011, from
His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, EARL RAY TOMBLIN, by virtue of the authority vested in the Governor by Section 7, Article VII of the Constitution of West
Virginia, do hereby AMEND my Proclamation dated the twenty-ninth
day of July, two thousand eleven, calling the Legislature of West
Virginia to convene in Extraordinary Session at twelve o'clock noon
on the first day of August, two thousand eleven, in its chambers in
the State Capitol, City of Charleston, by amending the third item
thereof and by including therein a tenth item, all to read as
follows:
THIRD: Legislation increasing the maximum aggregate amount to
be deposited into the "Revenue Shortfall Reserve Fund", as provided
in subsection (b), section twenty, article two, chapter eleven-b of
the Code of West Virginia, from ten percent of total appropriations
from the State Fund, General Revenue, to a percentage not to exceed
fifteen percent of total appropriations from the State Fund,
General Revenue, for fiscal years ending on and after June 30,
2011; reducing the rate of consumers sales and service tax and use
tax on the sale, purchase and use of food and food ingredients
intended for human consumption by an amount not to exceed one half
of one percent of the "sales price", as defined in section two,
article fifteen-b, chapter eleven of the Code of West Virginia,
beginning January 1, 2012; further reducing the rate of consumers
sales and service tax and use tax on the sale, purchase and use of
food and food ingredients intended for human consumption by an
amount not to exceed one half of one percent of the "sales price", as defined in section two, article fifteen-b, chapter eleven of the
Code of West Virginia, beginning January 1, 2013, contingent on
certain balances in the Revenue Shortfall Reserve Fund; eliminating
the consumers sales and service tax and use tax on the sale,
purchase and use of food and food ingredients intended for human
consumption beginning January 1, 2014, contingent on certain
balances in the Revenue Shortfall Reserve Fund; and specifying
certain internal effective dates.
TENTH: A supplemental appropriation bill to fund 0155, fiscal
year 2012, organization 1600, of the Secretary of State account.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, this the third day of
August, in the year of our Lord,
Two Thousand Eleven, and in the
One Hundred Forty-Ninth year of
the State.
EARL RAY TOMBLIN,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bill was
introduced, read by its title, and referred to the appropriate
committee:
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 1007--A Bill making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue, to the Secretary of State, fund 0155,
fiscal year 2012, organization 1600, by supplementing and amending
the appropriations for the fiscal year ending June 30, 2012.
Referred to the Committee on Finance.
The Senate proceeded to the eighth order of business.
Senate Bill No. 1006, Reapportioning senatorial districts.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, August 2, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator D. Facemire, the following amendments to
the bill were reported by the Clerk, considered simultaneously, and
adopted:
On page seven, section one, by striking out all of line
sixteen;
And,
On page sixty, section one, after line one, by inserting the
following:
Block: 540219678002017.
On motion of Senators Fanning and Chafin, the following
amendments to the bill (S. B. No. 1006) were next reported by the
Clerk and considered simultaneously:
On page twenty-six, section one, after line eleven, by
inserting the following:
"Voting district: 28";
On page twenty-seven, section one, after line ten, by
inserting the following:
"Voting district: 34";
On page fifty-five, section one, by striking out all of line
thirteen;
And,
On page fifty-six, section one, by striking out all of line
five.
Following discussion,
The question being on the adoption of the amendments offered
by Senators Fanning and Chafin to the bill (S. B. No. 1006), and on
this question, Senator Fanning demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Wells and Tomblin (Mr. President)--2.
So, a majority of those present and voting having voted in the
affirmative, the Acting President declared the amendments offered
by Senators Fanning and Chafin to the bill adopted.
The bill, as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 1006 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger,
Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: Chafin, Fanning, Helmick and Sypolt--4.
Absent: Wells and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1006) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Williams,
Wills, Yost and Kessler (Acting President)--28.
The nays were: Chafin, Fanning, Helmick and Sypolt--4.
Absent: Wells and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1006) takes effect from passage.
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 and select
committees of the Senate, including a majority party caucus,
On motion of Senator Unger, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Unger, unanimous consent being granted,
returned to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1001, Reducing consumers sales and service tax
on food and food ingredients.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1001 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-15-3a and
§11B-2-20 of the Code of West Virginia, 1931, as amended, all
relating generally to the consumers sales and service tax and the
Revenue Shortfall Reserve Fund; specifying reduction in consumers
sales and service tax on sales, purchases and uses of food and food
ingredients intended for human consumption; specifying contingent
reduction of the consumers sales and service tax on sales,
purchases and uses of food and food ingredients intended for human
consumption based on specified levels of funding in the Revenue
Shortfall Reserve Fund; specifying contingent termination of the
consumers sales and service tax on sales, purchases and uses of
food and food ingredients intended for human consumption based on
specified levels of funding in the Revenue Shortfall Reserve Fund;
specifying maximum aggregate funding amount for the Revenue
Shortfall Reserve Fund; and providing for effective dates.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 1001) 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 Unger, 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,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 1001 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr. President)--5.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 1001) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 1001) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 1002 (originating in the
Committee on Economic Development), Dedicating portion of coal
severance tax to county of origin.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 1002 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-13A-6a, relating to reallocating and dedicating five
percent of coal severance tax revenues up to $20 million annually
to the coal-producing counties of origin to be phased in over a
five-year period after accounting for the revenues dedicated to
other funds; establishing state and local coal county reallocated
severance tax funds and providing for distribution of the moneys to
the county commissions by the State Treasurer; establishing amounts
each coal-producing county to receive; requiring the creation of
local funds into which moneys to be deposited; requiring moneys be
expended solely for economic development projects and
infrastructure projects; providing definitions; providing
restrictions on the expenditure of moneys; providing duties of
State Tax Commissioner; requiring report of expenditures to Joint
Committee on Government and Finance; providing audits of
distributed funds when authorized by the Joint Committee on
Government and Finance; and authorizing legislative and emergency
rules.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 1002)
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 Unger, 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,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 1002 was then 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. 1002 pass?"
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, Foster, Green, Hall,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Williams,
Wills, Yost and Kessler--28.
The nays were: K. Facemyer--1.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 1002) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1003, Clarifying requirement for deposit and
transfer of higher education proceeds from real property.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 1003) 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 Unger, 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,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1003 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1003) 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. 1003--A Bill to amend and reenact §18B-
19-10 of the Code of West Virginia, 1931, as amended, relating to
proceeds from the sale, lease, conveyance or other disposal of real
property that is used jointly by state institutions of higher
education or for statewide programs under the jurisdiction of the
Higher Education Policy Commission or the Council for Community and
Technical College Education.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1003) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1004, Making supplementary appropriation of
unappropriated moneys to various accounts.
Senate Bill No. 1005, Supplementing, amending and increasing
appropriations to Department of Transportation.
And,
Senate Bill No. 1007, Making supplementary appropriation of
unappropriated moneys to Secretary of State.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, Senate Bill No. 1004 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 Unger, 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,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1004 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1004) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1004) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Prezioso, unanimous consent being
granted, Senate Bill No. 1005 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 Unger, 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,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1005 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1005) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1005) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Prezioso, unanimous consent being
granted, Senate Bill No. 1007 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 Unger, 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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1007 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1007) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Williams, Wills, Yost and Kessler--29.
The nays were: None.
Absent: Fanning, Helmick, Tucker, Wells and Tomblin (Mr.
President)--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 1007) 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 twelfth order of business.
Remarks were made by Senator Unger.
Pending announcement of a meeting of a select committee of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Thursday, August 4, 2011, at 5 p.m.
____________