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Senate Journal



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sdj--50th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

FIFTIETH DAY

____________

Charleston, W. Va., Wednesday, March 2, 2011

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

Prayer was offered by the Reverend Nahum Balser, Antioch Advent Christian Church, Elkview, West Virginia.
Pending the reading of the Journal of Tuesday, March 1, 2011,
On motion of Senator Chafin, 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 next 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. 2512--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3; §47-26-4§ and §47-26-5, all relating to pawnbrokers; requiring pawnbrokers to obtain a signed statement affirming ownership from each seller or pledgor on all sale or pawn transactions, except for refinance pawn transactions or merchandise bought from a manufacturer or wholesaler with an established place of business; requiring pawnbrokers to make a pawn transaction report for each purchase, loan or sale of property, except with regard to refinance pawn transactions or merchandise bought from a manufacturer or wholesaler with an established place of business; setting forth the minimum information to be contained in such pawn transaction reports; requiring pawnbrokers to retain records; requiring pawnbrokers to provide a copy of the pawn transactions reports or a summary pawn transaction report to local law enforcement officials each month; requiring pawnbrokers to make such original records available for inspection by law enforcement officials or agencies on request; making a pawnbroker's failure to comply with the requirements of this article a misdemeanor; making the filing of a false statement of ownership a misdemeanor; establishing criminal penalties for offenses; 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 and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2703--A Bill to amend and reenact §7-14-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-14-7 of said code; and to amend and reenact §8-15-12 of said code, all relating to county civil service commissions; qualifications of members of the Policemen's Civil Service Commission; qualifications of members of the Firemen's Civil Service Commission; qualifications of members of other Civil Service Commissions of the counties; restrictions from service; and disqualifications from service.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2011, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2981--A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to payments for trade certifications and allowing use of tuition assistance for West Virginia National Guard members enrolled in a doctor of medicine or osteopathic medicine program.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3050--A Bill to repeal §30- 35-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-35-1, §30-35-2, §30-35-3, §30-35-4, §30-35-5, §30-35-6, §30-35-7, §30-35-8, §30-35-9, §30-35-10, §30-35-11, §30-35-12, §30- 35-13 and §30-35-14 of said code; and to amend said code by adding thereto four new sections, designated §30-35-15, §30-35-16, §30-35- 17 and §30-35-18, all relating to the practice of dietetics; providing that it is unlawful to practice dietetics without a license; defining terms; providing board member qualifications; describing conditions and terms of board appointments; describing powers and duties of the board; defining board rule-making authority; continuing the Board of Licensed Dieticians Fund in the State Treasury; establishing conditions for licensure; defining the scope of practice of dieticians; authorizing the issuance of temporary permits; requiring license renewal; requiring display of a license; providing the board may enjoin licensees; authorizing the board to investigate complaints; providing for due process for licensees; describing procedures for hearings and rights of appeal; authorizing criminal proceedings; and describing penalties for violations of the act.
Referred to the Committee on Government Organization.
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. 3067--A Bill to amend and reenact §59-1-4, §59-1-11 and §59-1-13 of the Code of West Virginia, 1931, as amended, all relating to fees collected by clerks of court to be used to enhance funding for civil legal services for victims of domestic violence and low income citizens in the state.
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. 3087--A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-25 of said code; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law- Enforcement Officers Safety Act of 2004; permitting and setting forth the requirements for prosecuting attorneys and assistant prosecuting attorneys to carry concealed handguns pursuant to that act; requiring prosecutors, assistant prosecutors or duly appointed investigators employed by a prosecuting attorney to complete firearms training and certification before carrying a firearm while performing their duties; establishing a procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed handguns is considered a West Virginia concealed handgun license for the purpose of participating in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off duty; and requiring West Virginia law- enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law-Enforcement Officers Safety Act of 2004.
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. 3094--A Bill to amend and reenact §9-2-6 of the Code of West Virginia, 1931, as amended, relating to requiring the Secretary of the Department of Health and Human Services to use existing department funds to develop a program to compensate employees for personal property loss in work related incidents.
Referred to the Committee on Finance.
Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on March 1, 2011, he had approved Enr. Senate Bill No. 184, Enr. Committee Substitute for Senate Bill No. 200 and Enr. Senate Bill No. 342.
The Senate proceeded 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. 615 (originating in the Committee on Finance)- -A Bill
to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-5 of said code; to amend and reenact §18A-4-2, §18A-4-5 and §18A-4-8a of said code; to amend and reenact §20-7-1c of said code; to amend and reenact §50- 1-3 of said code; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating to increasing salaries for certain public employees.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 615) 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.
The Senate proceeded to the sixth order of business.
Senators Foster, McCabe, Yost and Browning offered the following resolution:
Senate Concurrent Resolution No. 50--
Calling on the West Virginia Congressional Delegation to promote and protect Title X funding.
Whereas, The West Virginia Department of Health and Human Resources Family Planning Program is an integral part of public health and primary prevention across the state; and
Whereas, The West Virginia Legislature finds that family planning promotes the health of men, women and children and the well-being of families and infants; that family planning encourages responsible behavior; that family planning reduces unplanned and teen pregnancy; that family planning reduces the need for abortions and expenditures for high risk pregnancies; and, that family planning allows pregnancies to be wanted and planned when couples are best able to care for their new children; and
Whereas, The West Virginia Family Planning Program is supported by federal Title X funding; and
Whereas, The West Virginia Planning Program contracts with approximately one hundred fifty-two local county health departments, primary care and rural health centers, college and university student health clinics, hospitals and private medical practices to deliver clinical family planning services to eligible individuals; and
Whereas, The West Virginia Family Planning Program annually serves fifty-seven thousand six-hundred forty-eight West Virginians, the vast majority of whom are living in poverty and receive services at no-charge; and
Whereas, West Virginia received $2,445,565 in federal funds from Title X during the 2010-2011 budget year; and
Whereas, The medical, educational and counseling services of The West Virginia Family Planning Program clinics are broad including male and female exams, cervical cancer screening, breast and testicular screening, STD testing and treatment, counseling on STD, HIV and AIDS risks, preconception counseling, pregnancy testing and counseling, referral services, male and female birth control and male and female sterilization services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature calls on the West Virginia Congressional Delegation to promote and protect Title X funding; and, be it
Further Resolved, That The West Virginia Legislature salutes The West Virginia Family Planning Program for providing vital health services for West Virginia women, men and families; and, be it
Further Resolved, That the Congressional Delegation from the State of West Virginia be called upon to do all that it can in order to promote and protect Title X funding so that such critically important health programs in our great Mountain State can continue to serve the needs of West Virginians.

Which, under the rules, lies over one day.
Senators Hall and Browning offered the following resolution:
Senate Concurrent Resolution No. 51--Requesting the Joint Committee on Government and Finance to study all existing agency rules through a cost-benefit analysis for the purpose of evaluating the regulatory burden on business and industry in the State of West Virginia.
Whereas, West Virginia has consistently been considered one of the more difficult states for businesses to thrive for various reasons; and
Whereas, One of the key reasons this state has been consistently rated as a difficult jurisdiction for businesses is because the state's regulatory environment is rated as one of the most burdensome in the country for businesses; and
Whereas, This burdensome regulatory environment has had a significant negative impact on economic development and growth in this state; and
Whereas, If meaningful action is not taken to address this regulatory burden, it is likely the state's economic development and growth will continue to be impeded; and
Whereas, There must be a quality control procedure implemented that will provide for an evaluation of the regulatory burden on business and industry; and
Whereas, The burdensome rules must be repealed or modified in order to improve this state's business climate and economic health; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study all existing agency rules through a cost-benefit analysis for the purpose of evaluating the regulatory burden on business and industry in the State of West Virginia; and, be it
Further Resolved,
That the Joint Committee on Government and Finance is hereby requested, in partnership with West Virginia University and Marshall University, to evaluate the regulatory burden on businesses and industries in the State of West Virginia by performing a cost-benefit analysis of all existing agency rules over a three-year period; and, be it
Further Resolved, That the evaluation of existing rules through a cost-benefit analysis will include, but not be limited to, an identification of the agency rules that: (A) Impede private- sector job creation; (B) discourage innovation and entrepreneurial activity; (C) hurt economic growth and investment; (D) harm West Virginia's national and global competitiveness; (E) limit access to credit and capital; (F) fail to utilize or apply accurate cost- benefit analyses; (G) create additional economic uncertainty; (H) are promulgated in such a way as to limit transparency and the opportunity for public comment, particularly by affected parties; (I) lack specific statutory authorization; (J) undermine labor- management relations; (K) result in large-scale unfunded mandates on employers without due cause; and (L) impose undue paperwork and cost burdens on small businesses; and, be it
Further Resolved, That a report detailing the analysis and findings in impact statements be prepared by West Virginia University and Marshall University; and, be it
Further Resolved, That the Joint Committee on Government and Finance provide oversight to West Virginia University and Marshall University as the universities evaluate existing rules and that the oversight role consist of overseeing all efforts performed by West Virginia University and Marshall University in the performance of the cost-benefit analysis and a review of the universities' final report detailing its findings for each agency rule; and, be it
Further Resolved, That the Joint Committee on Government and Finance, after making any modifications and adopting the universities' final report, as modified, provide a copy of the report to the Legislature within four years of the adoption of this resolution together with drafts of legislation necessary to effectuate the recommendations of the final report; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as it deliberates on draft legislation, specifically consider proposing legislation that would set a five-year moratorium on the adoption of new agency rules and modification of existing rules; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as it deliberates on draft legislation, specifically consider the feasibility and efficacy of establishing a board, appointed by the Governor, without compensation and with use of existing facilities and staff of the Department of Administration, that would make recommendations to the Governor regarding the termination or modification of agency rules based on the cost- benefit analysis and in response to petitions received from business and industry to terminate or modify an agency rule; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as it deliberates on draft legislation, consider the feasibility and efficacy of imposing a seven-year sunset provision on state rules promulgated after the above described moratorium has expired and further consider the feasibility and efficacy of requiring all new or modified agency rules to undergo a cost- benefit analysis conducted by West Virginia University and Marshall University, with oversight by the Joint Committee on Government and Finance, prior to promulgation; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare reports and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Palumbo and Browning offered the following resolution:
Senate Concurrent Resolution No. 52--Requesting the Joint Committee on Government and Finance to study the impacts of cost sharing, coinsurance and specialty tier pricing for prescription medications.
Whereas, In response to increasing prescription drug costs, many health plans and prescription drug plans have increased enrollee cost-sharing amounts, instituted coinsurance and created specialty tiers, resulting in increased medication costs for patients participating in those plans; and
Whereas, The National Conference of State Legislatures reports that between 2000 and 2009, copayments for insured workers have increased twenty-five percent for generic drugs, eighty percent for preferred drugs, fifty-nine percent for nonpreferred drugs and forty-four percent for fourth-tier drugs or specialty drugs; and
Whereas, Many health plans and prescription drug plans now require individuals to pay a coinsurance or percentage of the cost of fourth-tier or specialty tier prescription medications; and
Whereas, Fourth-tier or specialty tier medications often include medications for chronic diseases including certain types of cancer, hemophilia, multiple sclerosis, myositis, neuropathy, arthritis, human immunodeficiency virus and other diseases and disorders; and
Whereas, Coinsurance, cost-sharing and specialty tier pricing place significant and onerous financial burdens upon insured individuals with chronic health care issues requiring prescription medication which, in many cases, leads to decreased adherence or failure to take medications as prescribed and results in acute incidents and negative health outcomes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impacts of cost sharing, coinsurance and specialty tier pricing for prescription medications; and, be it
Further Resolved, That the Joint Committee on Government and Finance, in conducting said study, determine the impact of cost sharing, coinsurance and specialty tier pricing on access to prescription medications for chronic health disorders and identify and evaluate options for reducing any negative impacts of cost sharing, coinsurance and specialty tier pricing including, but not limited to, statutory limitations on cost sharing obligations for prescription medications; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Plymale, Jenkins, Foster, Unger, Prezioso, Stollings, McCabe, Browning, Laird, Klempa, Yost and Kessler (Acting President) offered the following resolution:
Senate Resolution No. 42--Designating March 2, 2011, as "Marshall University Day", on the occasion of the university's 50th Anniversary of earning university status.
Whereas, Marshall University is one of the state's premier institutions of high learning; and
Whereas, Marshall University educates over 14,000 students at campus locations in Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert and offers degrees at the associate, baccalaureate, master's and doctoral levels; and
Whereas, Marshall University is building a national reputation for research in biotechnology, forensic science and medicine through its College of Science and the Joan C. Edwards School of Medicine; and
Whereas, Marshall University is creating new, high-value job opportunities through its research efforts and as part of West Virginia's Research Trust Fund "Bucks for Brains" initiative; and
Whereas, With every dollar the state invests in Marshall University, the University generates over $20 in economic benefit to West Virginia, resulting in the generation of $1.5 billion per year in economic impact, which has tripled since 2005; and
Whereas, A university-record 2,052 new full-time equivalent freshman enrolled at Marshall University in fall 2010; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing is providing services to all 55 state counties providing expertise to more than 5,250 small and medium-sized manufacturers that employ more than 81,000 individual across West Virginia; and
Whereas, The Nick J. Rahall, II Appalachian Transportation Institute of Marshall University is setting national standards in transportation; and
Whereas, Marshall University's graduate program in Forensic Science is ranked as the top program of its type in the country; and
Whereas, Marshall University's medical and health sciences schools and departments train hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and
Whereas, Since 1983, the West Virginia Autism Training Center at Marshall University has provided training, information and support to more than 2,000 West Virginia families from all 55 counties; and
Whereas, Marshall University is establishing the School of Pharmacy, which will produce well-prepared pharmacists for the field's evolving role in health care, will create good-paying jobs and will generate an estimated $150 million economic impact; and
Whereas, Marshall University alumni number more than 90,000 across the globe; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 2, 2011, as "Marshall University Day", on the occasion of the university's 50th Anniversary of earning university status; and, be it
Further Resolved, That the Senate hereby recognizes Marshall University for its tremendous contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Stephen J. Kopp, President of Marshall University.
At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
At the expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

Senator Laird presented a petition from Pam Baker and eighteen residents of the eleventh senatorial district, opposing Committee Substitute for Senate Bill No.
362 (Increasing excise tax on all tobacco products).
Referred to the Committee on Finance.
Senator Minard presented a petition from Joseph Tomblin and one hundred fourteen West Virginia residents, opposing Committee Substitute for Senate Bill No.
362 (Increasing excise tax on all tobacco products).
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 49, Requesting Joint Committee on Government and Finance study fiscal impact of making mandatory drug testing part of regulatory program for miners.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Joint Resolution No. 11, Proposing amendment to Constitution designated Tangible Personal Property Tax Exemption and Rate Reduction Amendment.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the resolution was referred to the Committee on Rules.
Eng. Com. Sub. for Senate Bill No. 15, Providing one-time bonus to certain public employee and teacher annuitants.
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.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 82, Relating to a child's right to nurse.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 82) 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. 231, Relating to elevator workers' licensure exemptions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 231) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, 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, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 231) takes effect July 1, 2011.
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. 242, Dedicating portion of coal severance tax to county of origin.
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 Senate Bill No. 242 pass?"
On the passage of the bill, the yeas were: Barnes, Beach, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: Boley, K. Facemyer and Hall--3.
Absent: Tomblin (Mr. President)--1.
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. 242) 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. 268, Establishing driver's license restoration 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, 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, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 268) 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. 277, Limiting amount property reappraisal can increase over previous amount.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 277) 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. 285, Extending time frame practitioners must write prescriptions on official tamper-resistant paper.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 285) 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. 307, Creating Intermediate Court of Appeals.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Jenkins, McCabe, Minard, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Wells, Williams and Kessler (Acting President)--24.
The nays were: Chafin, D. Facemire, Helmick, Klempa, Laird, Miller, Snyder, Wills and Yost--9.
Absent: Tomblin (Mr. President)--1.
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. 307) 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. 373, Requiring School Building Authority allocate and expend certain moneys for vocational programs at comprehensive middle schools.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 373) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, 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, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 373) takes effect July 1, 2011.
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. 391, Relating to early in-person voting; community voting locations.
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, 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, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Beach 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. Com. Sub. for S. B. No. 391) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 391--A Bill to amend and reenact §3-3-2a of the Code of West Virginia, 1931, as amended, relating to authorizing community voting locations; removing the requirement that chairpersons of executive committees approve community voting locations; requiring community voting locations to be open a minimum of five days; requiring community voting locations to be politically balanced or counter balanced by another location; requiring security of election equipment and materials; requiring the publication of community voting locations; and providing for appeal of community voting locations to circuit court.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, 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, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Beach 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. Com. Sub. for S. B. No. 391) 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. 410, Extending alternative-fuel motor vehicle tax credit.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 410) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, 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, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 410) takes effect July 1, 2011.
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. 424, Creating Natural Gas Horizontal Well Control Act.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 1, 2011, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Barnes, the following amendment to the bill was reported by the Clerk:
On page ten, after section one, by inserting a new section, designated section two, to read as follows:
§22-6-2. Secretary -- Powers and duties generally; department records open to public; inspectors.

(a) The secretary shall have as his or her duty the supervision of the execution and enforcement of matters related to oil and gas set out in this article and in articles eight and nine of this chapter.
(b) The secretary is authorized to propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code necessary to effectuate the above stated purposes.
(c) The secretary shall have full charge of the oil and gas matters set out in this article and in articles eight and nine of this chapter. In addition to all other powers and duties conferred upon him or her, the secretary shall have the power and duty to:
(1) Supervise and direct the activities of the office of oil and gas and see that the purposes set forth in subsections (a) and (b) of this section are carried out;
(2) Employ a supervising oil and gas inspector and oil and gas inspectors Determine the number of supervising oil and gas inspectors and oil and gas inspectors needed to carry out the purposes of this article and articles six-a, eight, nine, ten and twenty-one of this chapter and appoint them as such. All appointees shall be qualified civil service employees, but no person is eligible for appointment until he or she has served in a probationary status for a period of six months to the satisfaction of the secretary;
(3) Supervise and direct such oil and gas inspectors and supervising inspectors in the performance of their duties;
(4) Suspend for good cause any oil and gas inspector or supervising inspector without compensation for a period not exceeding thirty days in any calendar year Make investigations or inspections necessary to ensure complete compliance with the provisions of this code and enforce the provisions of this article and articles six-a, eight, nine, ten and twenty-one of this chapter;
(5) Prepare report forms to be used by oil and gas inspectors or the supervising inspector inspectors in making their findings, orders and notices, upon inspections made in accordance with this article and articles seven, eight, nine, and ten and twenty-one of this chapter;
(6) Employ a hearing officer and such clerks, stenographers, and other employees as may be necessary to carry out his or her their duties and the purposes of the office of oil and gas and fix their compensation;
(7) Hear and determine applications made by owners, well operators, and or coal operators for the annulment or revision of orders made by oil and gas inspectors or the supervising inspectors; and to make inspections, in accordance with the provisions of this article and articles eight and nine of this chapter;
(8) Cause a properly indexed permanent and public record to be kept of all inspections made by the secretary or by oil and gas inspectors or the supervising inspector inspectors;
(9) Conduct such research and studies as the secretary shall deem deems necessary to aid in protecting the health and safety of persons employed within or at potential or existing oil or gas production fields within this state, to improve drilling and production methods, and to provide for the more efficient protection and preservation of oil and gas-bearing rock strata and property used in connection therewith;
(10) Collect a permit fee of $400 for each permit application filed other than an application for a deep well or a coalbed methane well; and collect a permit fee of $650 for each permit application filed for a deep well: Provided, That no permit application fee shall be required when an application is submitted solely for the plugging or replugging of a well, or to modify an existing application for which the operator previously has submitted a permit fee under this section. All application fees required hereunder shall be in lieu of and not in addition to any fees imposed under article eleven of this chapter relating to discharges of stormwater but shall be in addition to any other fees required by the provisions of this article: Provided, however, That upon a final determination by the United States Environmental Protection Agency regarding the scope of the exemption under Section 402(l)(2) of the federal Clean Water Act (33 U. S. C. 1342(l)(2)), which determination requires a "National Pollutant Discharge Elimination System" permit for stormwater discharges from the oil and gas operations described therein, any permit fees for stormwater permits required under article eleven of this chapter for such operations shall not exceed $100.
(11) Perform all other duties which are expressly imposed upon the secretary by the provisions of this chapter;
(12) Perform all duties as the permit issuing authority for the state in all matters pertaining to the exploration, development, production, storage, and recovery of this state's oil and gas;
(13) Adopt rules with respect to the issuance, denial, retention, suspension or revocation of permits, authorizations, and requirements of this chapter, which rules shall assure that the rules, permits, and authorizations issued by the secretary are adequate to satisfy the purposes of this article and articles seven, six-a, eight, nine, and ten and twenty-one of this chapter, particularly with respect to the consolidation of the various state and federal programs which place permitting requirements on the exploration, development, production, storage, and recovery of this state's oil and gas: Provided, That notwithstanding any provisions of this article and articles seven, eight, nine and ten of this chapter to the contrary, the Environmental Quality Board shall have the sole authority pursuant to section three, article three, chapter twenty-two-b to promulgate rules setting standards of water quality applicable to waters of the state; and
(14) Perform such acts as may be necessary or appropriate to secure to this state the benefits of federal legislation establishing programs relating to the exploration, development, production, storage, and recovery of this state's oil and gas, which programs are assumable by the state.
(d) The secretary shall have authority to visit and inspect any well or well site and any other oil or gas facility in this state and may call for the assistance of any oil and gas inspector or inspectors or supervising inspector whenever such assistance is necessary in the inspection of any such well or well site or any other oil or gas facility. Similarly, all All oil and gas inspectors and the supervising inspector shall have authority inspectors
are authorized to visit and inspect any well or well site and any other oil or gas facility in this state. They shall make all necessary surveys and inspections of oil and gas operations required by this article and articles six-a, eight, nine, ten and twenty-one of this chapter; administer and enforce all oil and gas laws and rules; and perform other duties and services as may be prescribed by the secretary. Inspectors shall give particular attention to all conditions of each permit to ensure complete compliance therewith. They shall note and describe all violations of this article and articles six-a, eight, nine, ten or twenty-one of this chapter and immediately report those violations to the secretary in writing, furnishing at the same time a copy of the report to the operator concerned. Any well operator, coal operator operating coal seams beneath the tract of land, or the coal seam owner or lessee, if any, if said owner or lessee is not yet operating said coal seams beneath said tract of land may request the Secretary to have an immediate inspection made. The operator or owner of every well or well site or any other oil or gas facility shall cooperate with the Secretary, all oil and gas inspectors and the supervising inspector in making inspections or obtaining information.
(e) Oil and gas inspectors shall devote their full time and undivided attention to the performance of their duties, and they shall be responsible for the inspection of all wells or well sites or other oil or gas facilities in their respective districts as often as may be required in the performance of their duties.
(f) (e) All records of the office shall be open to the public.
The question being on the adoption of the amendment offered by Senator Barnes to the bill, the same was put.
The result of the voice vote being inconclusive, Senator Barnes demanded a division of the vote.
A standing vote being taken, there were thirteen "yeas" and seventeen "nays".
Whereupon, Senator Kessler (Acting President) declared the amendment offered by Senator Barnes to bill rejected.
On motion of Senator Stollings, the following amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 424) was next reported by the Clerk and adopted:
On page twenty, section four, line forty-five, by striking out the word "mineral" and inserting in lieu thereof the word "surface".
On motion of Senator Sypolt, the following amendments to the bill (Com. Sub. for Com. Sub. for S. B. No. 424) were next reported by the Clerk and adopted:
On page ten, after section one, by inserting two new sections, designated sections twelve and fourteen, to read as follows:
§22-6-12. Plats prerequisite to drilling or fracturing wells; preparation and contents; notice and information furnished to coal operators, owners or lessees; issuance of permits; performance bonds or securities in lieu thereof; bond forfeiture.

(a) Before drilling for oil or gas, or before fracturing or stimulating a well on any tract of land, the well operator shall have a plat prepared by a licensed land professional surveyor or registered engineer showing the district and county in which the tract of land is located, the name and acreage of the same, the names of the owners of adjacent tracts, the proposed or actual location of the well determined by survey, the courses and distances of such location from two permanent points or landmarks on said tract and the number to be given the well. In the event the tract of land on which the said well proposed to be drilled or fractured is located is known to be underlain by one or more coal seams, copies of the plat shall be forwarded by registered or certified mail to each and every coal operator operating said coal seams beneath said tract of land, who has mapped the same and filed such maps with the Office of Miners' Health, Safety and Training in accordance with chapter twenty-two-a of this code and the coal seam owner of record and lessee of record, if any, if said owner or lessee has recorded the declaration provided in section thirty-six of this article, and if said owner or lessee is not yet operating said coal seams beneath said tract of land. With each of such the plats there shall be enclosed a notice (form for which shall be furnished on request by the secretary) addressed to the secretary and to each such coal operator, owner and lessee, if any, at their respective addresses, informing them that such the plat and notice are being mailed to them respectively by registered or certified mail, pursuant to the requirements of this article: Provided, That the Department of Environmental Protection, with advice from the West Virginia Board of Professional Surveyors, may promulgate rules to govern methods of survey and information to be present on the plats and reports related to oil and gas permit maps including, but not limited to, requiring a north arrow, tax map and parcel numbers for surface tracts, mineral boundary lines, mineral owner name and title reference, surface owner name and title reference, named waterways, state highway and county numbered route numbers, and the plat shall be drawn to a scale large enough for the information to be legible.
(b) If no objections are made, or are found by the secretary, to such the proposed location or proposed fracturing within fifteen days from receipt of such plat and notice by the secretary, the same shall be filed and become a permanent record of such the location or fracturing subject to inspection at any time by any interested person, and the secretary may forthwith immediately issue to the well operator a permit reciting the filing of such the plat, that no objections have been made by the coal operators, owners and lessees, if any, or found thereto by the secretary, and authorizing the well operator to drill at such the location, or to fracture the well. Unless the secretary has objections to such the proposed location or proposed fracturing or stimulating, such the permit may be issued prior to before the expiration of such the fifteen-day period upon the obtaining by the well operator of the consent in writing of the coal operator or operators, owners and lessees, if any, to whom copies of the plat and notice shall have been mailed as herein required, and upon presentation of such the written consent to the secretary. The notice above provided for may be given to the coal operator by delivering or mailing it by registered or certified mail as above to any agent or superintendent in actual charge of mines.
(c) A permit to drill, or to fracture or stimulate an oil or gas well, shall may not be issued unless the application therefor is accompanied by a bond as provided in section twenty-six of this article.
§22-6-14. Plats prerequisite to introducing liquids or waste into wells; preparation and contents; notice and information furnished to coal operators, owners or lessees and director; issuance of permits; performance bonds or security in lieu thereof.

(a) Before drilling a well for the introduction of liquids for the purposes provided for in section twenty-five of this article or for the introduction of liquids for the disposal of pollutants or the effluent therefrom on any tract of land, or before converting an existing well for such purposes, the well operator shall have a plat prepared by a registered engineer or licensed land professional surveyor showing the district and county in which the tract of land is located, the name and acreage of the same, the names of the owners of all adjacent tracts, the proposed or actual location of the well or wells determined by a survey, the courses and distances of such the location from two permanent points of land marked on said tract and the number to be given to the well, and shall forward by registered or certified mail the original and one copy of the plat to the director. In addition, the well operator shall provide the following information on the plat or by way of attachment thereto to the director in the manner and form prescribed by the director's rules: (1) The location of all wells, abandoned or otherwise located within the area to be affected; (2) where available, the casing records of all such those wells; (3) where available, the drilling log of all such those wells; (4) the maximum pressure to be introduced; (5) the geological formation into which such that liquid or pressure is to be introduced; (6) a general description of the liquids to be introduced; and (7) the location of all water-bearing horizons above and below the geological formation into which such that pressure, liquid or waste is to be introduced; (8) such other information as the director requires by rule: may require Provided, That the Department of Environmental Protection, with advice from the West Virginia Board of Professional Surveyors, may promulgate rules to govern methods of survey and information to be present on the plats and reports related to oil and gas permit maps including, but not limited to, requiring a north arrow, tax map and parcel numbers for surface tracts, mineral boundary lines, mineral owner name and title reference, surface owner name and title reference, named waterways, state highway and county numbered route numbers, and the plat shall be drawn to a scale large enough for the information to be legible.
(b) In the event If the tract of land on which said the well proposed to be drilled or converted for the purposes provided for in this section is located is known to be underlaid with coal seams, copies of the plat and all information required by this section shall be forwarded by the operator by registered or certified mail to each and every coal operator operating coal seams beneath said the tract of land, who has mapped the same and filed such maps with the Office of Miners' Health, Safety and Training in accordance with chapter twenty-two-a of this code, and the coal seam owner of record and lessee of record, if any, if said the owner or lessee has recorded the declaration provided in section thirty-six of this article, and if said the owner or lessee is not yet operating said those seams beneath said the tract of land. With each of such the plats, there shall be enclosed a notice (form for which shall be furnished on request by the director) addressed to the director and to each such coal operator, owner or lessee, if any, at their respective addresses, informing them that such the plat and notice are being mailed to them, respectively, by registered or certified mail, pursuant to the requirements of this section.
(c) If no objections are made by any such coal operator, owner or lessee, or the director, such the proposed drilling or converting of the well or wells for the purposes provided for in this section within thirty days from the receipt of such the plat and notice by the director, the same shall be filed and become a permanent record of such the location or well, subject to inspection at any time by any interested person, and the director may after public notice and opportunity to comment, issue such a permit authorizing the well operator to drill at such the location or convert such the existing well or wells for the purposes provided for in this section. The notice above provided for may be given to the coal operator by delivering or mailing it by registered or certified mail as above to any agent or superintendent in actual charge of the mines.
(d) A permit to drill a well or wells or convert an existing well or wells for the purposes provided for in this section shall may not be issued until all of the bonding provisions required by the provisions of section twelve of this article have been fully complied with and all such those bonding provisions shall apply to all wells drilled or converted for the purposes provided for in this section as if such those wells had been drilled for the purposes provided for in section twelve of this article, except that such the bonds shall be conditioned upon full compliance with all laws and rules relating to the drilling of a well or the converting of an existing well for the purposes provided for in said section twenty-five of this article, or introducing of liquids for the disposal of pollutants including the redrilling, deepening, casing, plugging or abandonment of all such wells.;
And,
By striking out the enacting clause and substituting therefor a new enacting clause, to read as follows:
That §22-6-1, §22-6-12, §22-6-14 and §22-6-36 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new article, designated §22-6A-1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A- 7, §22-6A-8, §22-6A-9, §22-6A-10, §22-6A-11, §22-6A-12, §22-6A-13, §22-6A-14, §22-6A-15, §22-6A-16 and §22-6A-17; that §22C-8-2 of said code be amended and reenacted; and that §22C-9-2 of said code be amended and reenacted, all to read as follows:.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 424 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 424) passed.
On motion of Senator Sypolt, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 424--A Bill to amend and reenact §22-6-1, §22-6-12, §22-6-14 and §22-6-36 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §22-6A-1, §22-6A-2, §22- 6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22-6A-8, §22-6A-9, §22-6A-10, §22-6A-11, §22-6A-12, §22-6A-13, §22-6A-14, §22-6A-15, §22-6A-16 and §22-6A-17; to amend and reenact §22C-8-2 of said code; and to amend and reenact §22C-9-2 of said code, all relating generally to oil and gas and oil and gas wells; defining certain new terms and amending existing definitions of certain terms; providing the Department of Environmental Protection in consultation with the West Virginia Board of Professional Surveyors with the authority to promulgate rules to govern methods of survey and information to be present on the plats and reports related to oil and gas permit maps; requiring notice to coal owners and lessees of record; creating Natural Gas Horizontal Well Control Act; providing short title; making legislative findings and declarations of public policy; providing for application and exemptions of new act and special considerations for karst formations; defining terms used in said act; specifying powers and duties of Secretary of Department of Environmental Protection; incorporating by reference certain sections of existing code relating to oil and gas wells; requiring horizontal well permits; requiring application for permit; specifying content of application and required attachments; requiring posting of bond and payment of permit fees; permitting waiver of certain requirements under specified circumstances and for issuance of emergency permits; providing for suspension and reinstatement of permits; providing for appeals of certain actions of Secretary of Department of Environmental Protection; providing for review of permit applications and for issuance of permits; specifying operator performance standards; providing for copies of permits to be furnished to county assessors; requiring certificate of approval for large impoundment construction; requiring application for certificate; specifying content of application and required attachments and payment of fees; providing for revocation or suspension of certificates; requiring hearing before certificate of approval is amended, suspended or revoked without consent of operator; providing for administrative appeals; providing exceptions for certain farm ponds; authorizing Secretary of Department of Environmental Protection to propose legislative rules for consideration by Legislature; providing for permit revocation and bond forfeiture; requiring notice to property owners when application for well permit is made or application for certificate of approval of impoundment is filed and providing property owners with certain rights; requiring promulgation of certain legislative rules for plugging and abandonment of horizontal wells; specifying reclamation requirements; requiring performance bonds; providing presumptions and rebuttals in water rights civil actions; imposing certain civil and criminal penalties for certain violations and offenses; specifying prospective application of act; preempting local ordinances; and requiring operator to enter into certain road maintenance agreement with Division of Highways.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 426, Requiring judge's permission before release of juror information after trial.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 426) 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 426) 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. 430, Filing civil petition for expungement of certain criminal records.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 430) 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. 436, Continuing personal income tax adjustment to gross income of certain retirees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 436) 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. 447, Relating to violations of school attendance requirements.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 447 pass?"
On the passage of the bill, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: Barnes, Boley, K. Facemyer, Jenkins and Sypolt--5.
Absent: Tomblin (Mr. President)--1.
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. 447) 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. 484, Relating to management agreements of Higher Education Policy Commission.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 484) passed.
On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 484--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3, §18B-1E-4, §18B-1E-5, §18B-1E-6, §18B-1E-7, §18B-1E-8 and §18B-1E-9; and to amend and reenact §18C-7-5 of said code, all relating to powers and duties of the policy commission; authorizing creation of certain corporations; authorizing policy commission to enter into certain agreements and contractual arrangements; terms and conditions; legislative findings, purpose and intent; providing certain definitions; setting forth essential criteria for certain corporations; specifying corporation membership, organization and financial requirements; providing for appointment of executive director; specifying qualifications; requiring annual audit of corporation operations; clarifying issues of conflicts of interest; prohibiting waiver of sovereign immunity; clarifying issues of debt obligations; requiring memorandum of agreement on research collaboration and cooperation; specifying parties to agreement and setting forth certain conditions; specifying certain deadlines; requiring reports in certain instances; and clarifying approval process for participation of certain institutions in PROMISE scholarship program.
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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 484) 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. 492, Relating to maximizing federal funding for state Medicaid 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, 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, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 492) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, 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, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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 Com. Sub. for S. B. No. 492) takes effect July 1, 2011.
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. 499, Regulating zipline and canopy tour operations.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 499) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate recessed until 4 p.m. today.
At the expiration of the recess, the Senate reconvened and again proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 532, Relating to fraud and abuse in Medicaid 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, 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, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 532) 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. 544, Relating to municipal policemen's and firemen's pension and relief funds.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 544) 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 544) 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. 550, Relating generally to gaming at licensed racetracks and historic resort hotels.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Prior to the call of the roll, Senator Miller moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: Barnes and Nohe--2.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.

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. 550) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 550--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-23-12d; to amend and reenact §29-22A-6, §29-22A-10 and §29-22A-10c of said code; and to amend and reenact §29-25-19 and §29-25-22 of said code, all relating to allowing simulcast pari-mutuel racing within the confines of gaming facilities located at historic resort hotels; defining terms; permitting the issuing of licenses; providing for payments; setting forth conditions for out-of-state tracks and interstate pools; registering of persons conducting wagering activities; setting forth the licensee's retainage; setting forth the amounts of payments made by a licensee and to whom they are to be paid; requiring compliance with federal law; authorizing rulemaking; exempting pari-mutuel wagering and equipment from state sales taxes; permitting licensees at racetracks and historic resort hotels to establish minimum and maximum wager limits at video lottery terminals; authorizing the use of video lottery terminal bill acceptors for all United States currency; reducing the required life for capital investments by licensees at racetracks to be reimbursed from the Capital Investment Fund; extending the time for recoupment of expenditures for capital improvements; requiring historic resort hotels to pay a portion of certain proceeds into the Human Resources Fund; creating a Licensed Racetrack and Historic Resort Hotel Facility Modernization Fund; and providing that up to $10 million annually from annual surpluses in the commission's administrative allowance be deposited into that new fund.
Senator Unger moved that the bill take effect July 1, 2011.
On this question,
the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: Barnes and Nohe--2.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.

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. 550) takes effect July 1, 2011.
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. 553, Creating workers' compensation insurance subsidy program for volunteer fire departments.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 553) 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. 556, Relating to Water Development Authority employees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 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 Com. Sub. for Senate Bill No. 560, Relating to confidentiality of Health Care Authority's rate-setting model.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 560) 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. 565, Providing notice and ability to be heard during certain hearings to person residing with victim prior to crime.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 565) 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. 581, Changing beginning date for early voting; allowing Saturday early voting.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 1, 2011, 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. 581 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 581) 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 581) 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. 606, Providing funding for parkways project along U. S. Route 35.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 606 pass?"
On this question, the yeas were: Beach, Foster, Green, Klempa, McCabe, Miller, Plymale, Prezioso, Snyder, Tucker, Wills and Yost--12.
The nays were: Barnes, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Hall, Helmick, Jenkins, Laird, Minard, Nohe, Palumbo, Stollings, Sypolt, Unger, Wells, Williams and Kessler (Acting President)--21.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting not having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 606) rejected.
Thereafter, at the request of Senator Boley, and by unanimous consent, the remarks by Senators K. Facemyer and Hall regarding the passage of Engrossed Committee Substitute for Senate Bill No. 606 were ordered printed in the Appendix to the Journal.
At the request of Senator Sypolt, unanimous consent being granted, the remarks by Senator Barnes and Browning regarding the passage of Engrossed Committee Substitute for Senate Bill No. 606 were ordered printed in the Appendix to the Journal.

At the request of Senator Sypolt, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the eighth order of business.
Senate Bill No. 608, Increasing fees for services and documents issued by DMV.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 1, 2011, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Beach, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On pages nineteen through twenty-eight, by striking out all of section ten and inserting in lieu thereof a new section ten, to read as follows:
§17A-4-10. Salvage certificates for certain wrecked or damaged
vehicles; fee; penalty.

(a) In the event a motor vehicle is determined to be a total loss or otherwise designated as "totaled" by any an insurance company or insurer, and upon payment of a total loss claim to any an insured or claimant owner for the purchase of the vehicle, the insurance company or the insurer, as a condition of the payment, shall require the owner to surrender the certificate of title: Provided, That an insured or claimant owner may choose to retain physical possession and ownership of a total loss vehicle. If the vehicle owner chooses to retain the vehicle and the vehicle has not been determined to be a cosmetic total loss in accordance with subsection (d) of this section, the insurance company or insurer shall also require the owner to surrender the vehicle registration certificate. The term "total loss" means a motor vehicle which has sustained damages equivalent to seventy-five percent or more of the market value as determined by a nationally accepted used car value guide or meets the definition of a flood-damaged vehicle as defined in this section.
(b) The insurance company or insurer shall, prior to the payment of the total loss claim, determine if the vehicle is repairable, cosmetically damaged or nonrepairable. Within ten days of payment of the total loss claim, the insurance company or insurer shall surrender the certificate of title, a copy of the claim settlement, a completed application on a form prescribed by the commissioner and the registration certificate if the owner has chosen to keep the vehicle to the Division of Motor Vehicles.
(c) If the insurance company or insurer determines that the vehicle is repairable, the division shall issue a "salvage certificate", on a form prescribed by the commissioner, in the name of the insurance company, or the insurer or the vehicle owner if the owner has chosen to retain the vehicle. The certificate shall contain, on the reverse, thereof spaces for one successive assignment before a new certificate at an additional fee is required. Upon the sale of the vehicle, the insurance company, or insurer or the vehicle owner if the owner has chosen to retain the vehicle, shall complete the assignment of ownership on the salvage certificate and deliver it to the purchaser. The vehicle shall may not be titled or registered for operation on the streets or highways of this state unless there is compliance with subsection (g) of this section. The division shall charge a fee of
fifteen dollars $21 for each salvage title issued.
(d) If the insurance company or insurer determines the damage to a totaled vehicle is exclusively cosmetic and no repair is necessary in order to legally and safely operate the motor vehicle on the roads and highways of this state, the insurance company or insurer shall, upon payment of the claim, submit the certificate of title to the division. Neither the insurance company nor the division may require the vehicle owner to surrender the registration certificate in the event of a cosmetic total loss settlement.
(1) The division shall, without further inspection, issue a title branded "cosmetic total loss" to the insured or claimant owner if the insured or claimant owner wishes to retain possession of the vehicle, in lieu of a "salvage certificate". The division shall charge a fee of
five dollars $21 for each "cosmetic total loss" title issued. The terms "cosmetically damaged" and "cosmetic total loss" do not include any vehicle which has been damaged by flood or fire. The designation "cosmetic total loss" on a title may not be removed.
(2) If the insured or claimant owner elects not to take possession of the vehicle and the insurance company or insurer retains possession, the division shall issue a cosmetic total loss salvage certificate to the insurance company or insurer. The division shall charge a fee of
fifteen dollars $21 for each cosmetic total loss salvage certificate issued. The division shall, upon surrender of the cosmetic total loss salvage certificate issued under the provisions of this paragraph and payment of the five percent privilege tax consumers sales tax on the fair market value of the vehicle as determined by the commissioner, issue a title branded "cosmetic total loss" without further inspection.
(e) If the insurance company or insurer determines that the damage to a totaled vehicle renders it nonrepairable, incapable of safe operation for use on roads and highways and which has as having no resale value except as a source of parts or scrap, the insurance company or vehicle owner shall, in the manner prescribed by the commissioner, request that the division issue a nonrepairable motor vehicle certificate in lieu of a salvage certificate. The division shall issue a nonrepairable motor vehicle certificate without charge.
(f) Any owner who scraps, compresses, dismantles or destroys a vehicle without further transfer or sale for which a certificate of title, nonrepairable motor vehicle certificate or salvage certificate has been issued shall, within twenty forty-five days, surrender the certificate of title, nonrepairable motor vehicle certificate, or salvage certificate to the division for cancellation.
(g) Any person who purchases or acquires a vehicle as salvage or scrap, to be dismantled, compressed or destroyed, shall, within twenty forty-five days, surrender the certificate
to the division. to the division the certificate of title, nonrepairable motor vehicle certificate, salvage certificate or a statement of cancellation signed by the seller, on a form prescribed by the commissioner. Subsequent purchasers of salvage or scrap are not required to comply with the notification requirement.
(g) (h) If the motor vehicle is a "reconstructed vehicle" as defined in this section or section one, article one of this chapter, it may not be titled or registered for operation until it has been inspected by an official state inspection station and by the Division of Motor Vehicles. Following an approved inspection, an application for a new certificate of title may be submitted to the division. however, The applicant shall be is required to retain all receipts for component parts, equipment and materials used in the reconstruction. The salvage certificate shall also be surrendered to the division before a certificate of title may be issued with the appropriate brand.
(h) (i) The owner or title holder of any a motor vehicle titled in this state which has previously been branded in this state or another state as "salvage", "reconstructed", "cosmetic total loss", "cosmetic total loss salvage", "flood" or "fire", or an equivalent term under another state's laws or a term consistent with the intent of the National Motor Vehicle Title Information System established pursuant to 49 U. S. C. §30502 shall, upon becoming aware of the brand, apply for and receive a title from the Division of Motor Vehicles on which the brand "reconstructed", "salvage", "cosmetic total loss", "cosmetic total loss salvage", "flood", or "fire" or other brand is shown. The division shall charge a fee of
five dollars $21 for each title so issued.
(i) (j) If application is made for title to a motor vehicle, the title to which has previously been branded "reconstructed", "salvage", "cosmetic total loss", "cosmetic total loss salvage", "flood", or "fire" or other brand by the Division of Motor Vehicles under this section and said application is accompanied by a title from another state which does not carry the brand, the division shall, before issuing the title, affix the brand "reconstructed", "cosmetic total loss", "cosmetic total loss salvage", "flood", or "fire" or other brand
to the title. The privilege consumers sales tax paid on a motor vehicle titled as "reconstructed", "cosmetic total loss", "flood", or "fire" or other brand under the provisions of this section shall be based on fifty percent of the fair market value of the vehicle as determined by a nationally accepted used car value guide to be used by the commissioner.
(j) (k) The division shall charge a fee of fifteen dollars $21 for the issuance of each salvage certificate or cosmetic total loss salvage certificate but shall not require the payment of the five percent privilege tax consumers sales tax. However, upon application for a certificate of title for a reconstructed, cosmetic total loss, flood or fire damaged vehicle or other brand,
the division shall collect the five percent privilege tax on the fair market value of the vehicle as determined by the commissioner unless the applicant is otherwise exempt from the payment of such privilege tax. A wrecker/dismantler/rebuilder, licensed by the division, is exempt from the payment of the five percent privilege tax consumers sales tax upon titling a reconstructed vehicle. The division shall collect a fee of thirty-five dollars $35 per vehicle for inspections of reconstructed vehicles. These fees shall be deposited in a special fund created in the State Treasurer's Office and may be expended by the division to carry out the provisions of this article: Provided, That on and after the first day of July, 2007, any balance in the special fund and all fees collected pursuant to this section shall be deposited in the State Road Fund. Licensed wreckers/dismantlers/rebuilders may charge a fee not to exceed twenty-five dollars $25 for all vehicles owned by private rebuilders which are inspected at the place of business of a wrecker/dismantler/rebuilder.
(k) (l) As used in this section:
(1) "Reconstructed vehicle" means the vehicle was totaled under the provisions of this section or by the provisions of another state or jurisdiction and has been rebuilt in accordance with the provisions of this section or in accordance with the provisions of another state or jurisdiction or meets the provisions of subsection (m), section one, article one of this chapter.
(2) "Flood-damaged vehicle" means that the vehicle was submerged in water to the extent that water entered the passenger or trunk compartment.
(3) "Other brand" means a brand consistent with the intent of the National Motor Vehicle Title Information System established pursuant to 49 U. S. C. §30502 and rules promulgated by the United States Department of Justice to alert consumers, motor vehicle dealers or the insurance industry of the history of a vehicle.
(l) (m) Every vehicle owner shall comply with the branding requirements for a totaled vehicle whether or not the owner receives an insurance claim settlement for a totaled vehicle.
(m) (n) A certificate of title issued by the division for a reconstructed vehicle shall contain markings in bold print on the face of the title that it is for a reconstructed, flood or fire damaged vehicle.
(n) (o) Any person who knowingly provides false or fraudulent information to the division that is required by this section in an application for a title, a cosmetic total loss title, a reconstructed vehicle title or a salvage certificate or who knowingly fails to disclose to the division information required by this section to be included in the application or who otherwise violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall for each incident be fined not less than
one thousand dollars $1000 nor more than two thousand five hundred dollars $2500 , or imprisoned in jail for not more than one year, or both fined and imprisoned. ;
On pages thirty-five through forty-one, by striking out all of section one and inserting in lieu thereof a new section one, to read as follows:
§17B-2-1. Drivers must be licensed; types of licenses; licensees
need not obtain local government license; motorcycle driver license; identification cards.

(a)(1) No person, except those hereinafter expressly exempted, may drive any motor vehicle upon a street or highway in this state or upon any subdivision street used by the public generally unless the person has a valid driver's license issued pursuant to this code for the type or class of vehicle being driven.
(2) Any person licensed to operate a motor vehicle pursuant to this code may exercise the privilege thereby granted in the manner provided in this code and, except as otherwise provided by law, is not required to obtain any other license to exercise the privilege by any county, municipality or local board or body having authority to adopt local police regulations.
(b) The division, upon issuing a driver's license, shall indicate on the license the type or general class or classes of vehicles the licensee may operate in accordance with this code, federal law or rule. Licenses shall be issued in different colors for those drivers under age eighteen, those drivers age eighteen to twenty-one and adult drivers. The commissioner is authorized to select and assign colors to the licenses of the various age groups.
(c) Driver's licenses issued by the division shall be classified in the following manner:
(1) A Class A, B or C license shall be issued to those persons eighteen years of age or older with two years of driving experience who have qualified for the commercial driver's license established by chapter seventeen-e of this code and the federal Motor Carrier Safety and Improvement Act of 1999 and subsequent rules, and have paid the required fee.
(2) A Class D license shall be issued to those persons eighteen years and older with one year of driving experience who operate motor vehicles other than those types of vehicles which require the operator to be licensed under the provisions of chapter seventeen-e of this code and federal law and rule and whose primary function or employment is the transportation of persons or property for compensation or wages and have paid the required fee. For the purpose of regulating the operation of motor vehicles, wherever the term "chauffeur's license" is used in this code, it shall be construed to mean the Class A, B, C or D license described in this section or chapter seventeen-e of this code or federal law or rule: Provided, That anyone not required to be licensed under the provisions of chapter seventeen-e of this code and federal law or rule and who operates a motor vehicle registered or required to be registered as a Class A motor vehicle, as that term is defined in section one, article ten, chapter seventeen-a of this code, with a gross vehicle weight rating of less than eight thousand one pounds, is not required to obtain a Class D license.
(3) A Class E license shall be issued to those persons who have qualified for a driver's license under the provisions of this chapter and who are not required to obtain a Class A, B, C or D license and who have paid the required fee. The Class E license may be endorsed under the provisions of section seven-b of this article for motorcycle operation. The Class E or G license for any person under the age of eighteen may also be endorsed with the appropriate graduated driver license level in accordance with the provisions of section three-a of this article.
(4) A Class F license shall be issued to those persons who successfully complete the motorcycle examination procedure provided by this chapter and have paid the required fee, but who do not possess a Class A, B, C, D or E driver's license.
(5) A Class G driver's license or instruction permit shall be issued to a person using bioptic telescopic lenses who has successfully completed an approved driver training program and complied with all other requirements of article two-b of this chapter.
(d) All licenses issued under this section may contain information designating the licensee as a diabetic, organ donor, as deaf or hard-of-hearing or as having any other handicap or disability
or a person who is an honorably discharged veteran of any branch of the armed forces of the United States , according to criteria established by the division, if the licensee requests this information on the license.
(e) No person, except those hereinafter expressly exempted, may drive any motorcycle upon a street or highway in this state or upon any subdivision street used by the public generally unless the person has a valid motorcycle license, a valid license which has been endorsed under section seven-b of this article for motorcycle operation or a valid motorcycle instruction permit.
(f) (1) An identification card may be issued to any person who:
(A) Is a resident of this state in accordance with the provisions of section one-a, article three, chapter seventeen-a of this code;
(B) Has reached the age of two years. The division may also issue an identification card to a person under the age of two years for good cause shown;
(C) Has paid the required fee of two dollars and fifty cents $6.50 per year: Provided, That the fee is not required if the applicant is sixty-five years or older or is legally blind; and
(D) Presents a birth certificate or other proof of age and identity acceptable to the division with a completed application on a form furnished by the division.
(2) The identification card shall contain the same information as a driver's license except that the identification card shall be clearly marked as an identification card. However, the division may issue an identification card with less information to persons under the age of sixteen. An identification card may be renewed annually on application and payment of the fee required by this section.
(A) Every identification card issued to a person who has attained his or her twenty-first birthday shall expire on the licensee's birthday in those years in which the licensee's age is evenly divisible by five. Except as provided in paragraph (B) of this subdivision, no identification card may be issued for less than three years or for more than seven years and expires on the licensee's birthday in those years in which the licensee's age is evenly divisible by five.
(B) Every identification card issued to a person who has not attained his or her twenty-first birthday shall expire thirty days after the licensee's twenty-first birthday.
(C) Every identification card issued to persons under the age of sixteen shall be issued for a period of two years and shall expire on the last day of the month in which the applicant's birthday occurs.
(3) The division may issue an identification card to an applicant whose privilege to operate a motor vehicle has been refused, canceled, suspended or revoked under the provisions of this code.
(g) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars $500; and upon a second or subsequent conviction, shall be fined not more than five hundred dollars $500 or confined in jail not more than six months, or both.;
And,
On pages fifty-four through fifty-six, by striking out all of section six and inserting in lieu thereof a new section six, to read as follows:
§17B-2-6. Application for license or instruction permit; fee to
accompany application.

(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the division. Every application shall be accompanied by the proper fee and payment of the fee shall entitle an applicant under the age of eighteen to not more than two attempts one attempt at the written test or not more than three attempts to pass one attempt at the road skills test. An applicant age eighteen years or older is entitled to not more than two attempts one attempt at the written test or not more than three attempts to pass one attempt at the road skills test within a period of ninety days from the date of issuance of the instruction permit per payment of the proper fee. An applicant who fails either the written test or the road skills test may not be tested twice within a period of one week. An instruction permit holder is eligible for additional attempts at passing the written test or road skills test upon payment of a fee of $5 for each attempt.
(b) Any applicant who has not been previously licensed must hold an instruction permit for a minimum of thirty days. For the purposes of this section, the term "previously licensed" means an applicant who has obtained at least a level one graduated license or junior driver's license issued under the provisions of this article or has obtained an equal or greater level of licensure if previously licensed in another state.
(c) Every said application shall state the full legal name, date of birth, sex, and residence address of the applicant and briefly describe the applicant and shall state whether the applicant has theretofore been a licensed driver and, if so, when, and by what state or country and whether any such license has ever been suspended or revoked within the five years next preceding the date of application, or whether an application has ever been refused and, if so, the date of and reason for the suspension, revocation or refusal, whether the applicant desires a notation on the driver's license indicating that the applicant is an organ donor, in accordance with article one-b of this chapter, a diabetic, deaf, or hard of hearing, or has any other handicap or disability
or is an honorably discharged veteran of any branch of the armed forces of the United States and such other pertinent information as the commissioner may require.
The bill, as amended, was ordered to engrossment.
Engrossed Senate Bill No. 608 was then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Beach, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--26.
The nays were: Barnes, Boley, Chafin, Fanning, Helmick, Nohe and Sypolt--7.
Absent: Tomblin (Mr. President)--1.

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. 608) passed.
On motion of Senator Beach, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 608-- A Bill to amend and reenact §17A-2- 13 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 of said code; to amend and reenact §17A-4-1 and §17A-4-10 of said code; to amend and reenact §17A-4A-10 of said code; to amend and reenact §17A-10-3, §17A-10-10 and §17A-10-11 of said code; to amend and reenact §17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of said code; and to amend and reenact §17D-2-2 of said code, all relating to increasing Division of Motor Vehicles fees, veteran designation on licenses, notification to division of scrapped, compressed, dismantled or destroyed vehicles and vehicle brands; increasing the fee for vehicle records and the certified record fee; increasing the registration fee for Class A motor vehicles and creating two weight classes within Class A; increasing the fee for the issuance and duplication of various documents by the division including titles, registrations, plates and decals; increasing the fee for recording liens and releases; increasing the vehicle transfer fees; increasing the fee for issuance, duplication and renewal of a driver's license, identification card and motorcycle license; requiring the payment of the fee for each attempt at the written and road skills test; increasing the fee for driving records; providing that licenses issued by the division may contain information designating the licensee as a person who is an honorably discharged veteran of any branch of the armed forces of the United States in accordance with criteria established by the division if the licensee requests this information on the license; providing an additional means to notify the division regarding vehicles scrapped, compressed, dismantled or destroyed and prescribing form; and providing for the use of additional vehicle brands used by other jurisdictions that are consistent with the National Motor Vehicle Title Information System.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 611, Extending discount for EZ Pass transponders to all other toll roads.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 611) 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. 612, Exempting certain schools and school districts from certain statutory provisions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 612) 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. 613, Relating to state election code.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 1, 2011, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Palumbo, the following amendment to the bill was reported by the Clerk and adopted:
On pages thirty-four through thirty-eight, by striking out all of section three and inserting in lieu thereof a new section three, to read as follows:
§3-3-3. Early voting in person.
(a) The voting period for early in-person voting is to be conducted during regular business hours beginning on the twentieth thirteenth day before the election and continuing through the third day before the election. For any election held on a Tuesday, the The early voting period for in-person voting is to be available from 9:00 a.m. to 5:00 p.m. on the two Saturdays prior to the election.
(b) Any person desiring to vote during the period of early in- person voting shall, upon entering the election room, clearly state his or her name and residence to the official or representative designated to supervise and conduct absentee early in-person voting. If that person is found to be duly registered as a voter in the precinct of his or her residence, he or she shall be is required to sign his or her name in the space marked "signature of voter" on the pollbook, or the voter's mark is duly witnessed. If the voter is unable to sign his or her name due to illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided. No ballot may be given to the person until he or she signs his or her name on the pollbook.
(c) When the voter's signature or mark is properly on the pollbook, two qualified representatives of the official designated to supervise and conduct absentee voting shall sign their names in the places indicated on the back of the official ballot: Provided, That this requirement is waived if the ballot is provided electronically.
(d) If the official designated to supervise and conduct absentee voting determines that the voter is not properly registered in the precinct where he or she resides, the clerk or his or her representative shall challenge the voter's absentee ballot as provided in this article.
(e) The official designated to supervise and conduct absentee voting shall provide each person voting an absentee ballot in person the following items to be printed as prescribed by the Secretary of State:
(1) In counties using paper ballots, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law;
(2) In counties using punch card systems, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law, and a gray secrecy envelope;
(3) (2) In counties using optical scan systems, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law, and a secrecy sleeve; or
(4) (3) For direct recording election systems, access to the voting equipment in the voting booth.
(f) The voter shall enter the voting booth alone and there mark the ballot: Provided, That the voter may have assistance in voting according to the provisions of section four of this article. After the voter has voted the ballot or ballots, the absentee voter shall: Place the ballot or ballots in the gray secrecy envelope and return the ballot or ballots to the official designated to supervise and conduct the absentee voting: Provided, however, That in direct recording election systems, once the voter has cast his or her ballot, the voter shall exit the polling place.
(g) Upon receipt of the voted ballot, representatives of the official designated to supervise and conduct the absentee voting shall:
(1) Remove the ballot stub;
(2) Place punch card ballots and paper ballots into one envelope which shall not have any marks except the precinct number and seal the envelope;
(3) Place ballots for all voting systems into a ballot box that is secured by two locks with a key to one lock kept by the president of the county commission and a key to the other lock kept by the county clerk;
(4) Due to the reenactment of this section by the Legislature in the two thousand three regular session removing authorization for early in-person voting on the Monday prior to a Tuesday election, to assure notice to all persons that voted on the Monday before the Tuesday election day of the two thousand two general election are made aware of this change, the clerk of each county shall, for the primary election of the year two thousand four, include along with the sample ballots published in local newspapers as required by this chapter a notice to voters that Monday in- person voting will no longer be available.
The bill, as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 613 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 613) passed.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 613--A Bill to repeal §3-3-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-9, §3-1-21, §3-1-31, §3-1-34, §3-1-35 and §3-1-50 of said code; to amend and reenact §3-3-1, §3-3-2, §3-3-2b, §3-3-3, §3-3-4, §3-3-5, §3-3-5a, §3-3-5b and §3-3-6 of said code; to amend and reenact §3- 5-7,§3-5-13a, §3-5-21, §3-5-23 and §3-5-24 of said code; to amend and reenact §3-6-4a of said code; to amend and reenact §3-8-1a and §3-8-5a of said code; to amend and reenact §3-9-6 of said code; to amend and reenact §8-5-14 of said code; and to amend and reenact §59-3-3 of said code, all relating to the state election code; eliminating obsolete and outdated language; reducing the days for early voting in person from twenty to thirteen; allowing Saturday early voting in all elections; clarifying that candidates must be a member of political party for sixty days prior to filing; clarifying the authority for persons to lawfully assist voters; bringing state law into compliance with federal requirements; clarifying persons eligible to receive absentee ballots; providing that independent and unaffiliated voters may receive party ballots if party allows participation in the primary; requiring all health- related information provided in connection with absentee voting is protected under the Health Insurance Portability and Accountability Act of 1996; waiving certain witness requirements if ballot provided electronically; clarifying current municipal election polling hours of operation; authorizing absentee ballot applications may be completed by handwriting or typing; clarifying procedures for federal postcard registration and absentee ballot requests; providing for federal write-in absentee ballots; revising ballot requirements relating to independent voters; providing that county clerk will submit ballot information to the Secretary of State after random drawing for ballot position; providing that offices filled by voters of more than one county must file certificate of announcement with the Secretary of State; providing certificates of announcement of every office to be submitted no later than the forty-ninth day before the election; providing definitions; clarifying persons who may be present during election; and clarifying penalties.
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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 613) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 614, Permitting specific law-enforcement officials access to certain confidential pharmaceutical information.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 614) passed.
The following amendment to the title of the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
Eng. Senate Bill No. 614--A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to controlled substances monitoring generally; permitting specific law-enforcement officials who are members of federally affiliated drug task forces access to certain confidential pharmaceutical information to identify unusual prescription drug behavior; requiring the State Board of Pharmacy to issue reports to certain law-enforcement officials, licensing authorities and prescribers that identify abnormal prescription practices; establishing an advisory committee to recommend the parameters of abnormal prescribing patterns and to recommend other actions that could reduce the amount of misuse of prescription drugs; establishing a felony offense for misusing information from the controlled substance database; requiring the Board of Pharmacy to implement a real-time database when available and when resources permit; requiring implementation of the parameters of abnormal prescribing patterns shall be contingent on available funding; requiring a report to the Legislative Oversight Commission on Health and Human Resources Accountability; granting rule-making authority; and providing immunity to prescribing practitioners for certain reporting based on review of patient specific information contained in the controlled substances monitoring database.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reached, the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill No. 15, Providing one-time bonus to certain public employee and teacher annuitants.
On third reading, coming up in deferred order, was again 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 second reading calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 350, Creating all-payer claims database.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senator Unger moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Beach, Browning, Edgell, D. Facemire, Fanning, Foster, Green, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--25.
The nays were: Barnes, Boley, Chafin, K. Facemyer, Hall, Helmick, Nohe and Sypolt--8.
Absent: Tomblin (Mr. President)--1.
So, less than four fifths of the members present and voting having voted in the affirmative, the Acting President declared the motion to suspend the constitutional rule rejected.
Com. Sub. for Senate Bill No. 535, Providing drivers' licenses designating licensee as honorably discharged veteran.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on Transportation and Infrastructure.
Com. Sub. for Senate Bill No. 539, Increasing cities in which certain police chiefs are entitled to reinstatement.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senator Unger moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Beach, Browning, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--26.
The nays were: Barnes, Boley, Chafin, K. Facemyer, Hall, Nohe and Sypolt--7.
Absent: Tomblin (Mr. President)--1.
So, less than four fifths of the members present and voting having voted in the affirmative, the Acting President declared the motion to suspend the constitutional rule rejected.

Com. Sub. for Senate Bill No. 569, Relating to increasing maximum homeowners' associations' fees.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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: Beach, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Barnes, Boley, K. Facemyer, Hall, Nohe and Sypolt--6.
Absent: Tomblin (Mr. President)--1.

Engrossed Committee Substitute for Senate Bill No. 569 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 569) 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. 570, Creating Volunteer for Nonprofit Youth Organizations Act.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Stollings, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page seven, section four, line nineteen, after the words "Not dispense a" by inserting the words "Schedule II or";
And,
On page nine, section four, line fifty-seven, after the words "Not dispense a" by inserting the words "Schedule II or".
The bill, as amended, was ordered to engrossment and third 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Committee Substitute for Senate Bill No. 570 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 570) 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 House Bill No. 3145, Providing a one-time bonus to certain annuitants of the Public Employees Retirement System and the State Teachers Retirement System.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Prezioso, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 15.
The bill, as amended, was ordered to third 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3145) 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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 H. B. No. 3145) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill No. 15, Providing one-time bonus to certain public employee and teacher annuitants.
On third reading, coming up in deferred order, was again reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on Finance.
At the request of Senator Plymale, unanimous consent being granted, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Plymale, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 484, Relating to management agreements of Higher Education Policy Commission.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered the vote by which it adopted Senator Unger's motion that Engrossed Committee Substitute for Senate Bill No. 484 take effect from passage.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Unger's motion that the bill take effect from passage.
Thereafter, at the request of Senator Unger, and by unanimous consent, his foregoing motion was withdrawn.
On motion of Senator Plymale, the Senate reconsidered its action by which it adopted Senator Plymale's amendment to the title of the bill (shown in the Senate Journal of today, pages 51 and 52).
The question again bing on the adoption of Senator Plymale's amendment to the title of the bill.
Thereafter, at the request of Senator Plymale, unanimous consent being granted, Senator Plymale's amendment to the title of the bill was withdrawn.
On motion of Senator Plymale, the following substitute amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 484--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3, §18B-1E-4, §18B-1E-5, §18B-1E-6, §18B-1E-7, §18B-1E-8 and §18B-1E-9; and to amend and reenact §18C-7-5 of said code, all relating to powers and duties of the policy commission; authorizing creation of certain corporations; authorizing policy commission to enter into certain agreements and contractual arrangements; terms and conditions; legislative findings, purpose and intent; providing certain definitions; setting forth essential criteria for certain corporations; specifying corporation membership, organization and financial requirements; providing for appointment of executive director; specifying qualifications; requiring annual audit of corporation operations; clarifying issues of conflicts of interest; prohibiting waiver of sovereign immunity; clarifying issues of debt obligations; requiring memorandum of agreement on research collaboration and cooperation; specifying parties to agreement and setting forth certain conditions; specifying certain deadlines; requiring reports in certain instances; and clarifying approval process for participation of certain institutions in PROMISE scholarship program.
The bill, as just amended, 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 484) passed with its Senate amended 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 484) 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 Unger, unanimous consent being granted, the Senate 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. 616 (originating in the Committee on Finance)- -A Bill
to amend and reenact §5-16-5 of the Code of West Virginia, 1931 , as amended; to amend and reenact §5-16D-1, §5-16D-2 and §5- 16D-6 of said code; to amend and reenact §11-10-5d of said code; and to amend and reenact §18-9A-24 of said code, all relating to other post-employment benefits generally; prohibiting Public Employees Insurance Agency Finance Board from including in the financial plans any subsidy for the cost of coverage for retired employees who were hired on or after July 1, 2010; capping the amount the finance board may include in the financial plans as subsidy for the cost of coverage for retired employees who were hired before July 1, 2010, at $160 million; escalating the funding; converting to a per member, per month equivalent; requiring the identification of a funding source; defining "contractually required contribution"; authorizing the finance board to set minimum annual required contribution below annual required contribution; specifying that each participating government entity is required to remit annual contractual obligation; authorizing the Tax Commissioner to disclose certain return information to the Public Employees Insurance Agency to determine total income for premium calculation; specifying that the foundation allowance for Public Employees Insurance Fund shall be paid directly to the West Virginia Retiree Health Benefit Trust Fund and each county board shall reflect its share of the payment as revenue on its financial statements to offset the applicable portion of its annual contractually required contribution expense; and providing that any amount of annual contractually required contribution allocated to and billed county boards of education for certain employees is a liability of the state until fully paid.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 616) 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
The bill (S. B. No. 616) was read a second time.
On motion of Senator McCabe, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page five, section five, lines fourteen and fifteen, by striking out the words "one percent" and inserting in lieu thereof "1.2%";
And,
On page fifteen, section two, line four, by striking out the word "monies" and inserting in lieu thereof the words "no less than $50,000,000".
The bill, as amended, was ordered to engrossment and third reading.
Engrossed Senate Bill No. 616 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 616) 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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
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. 616) 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 Unger, unanimous consent being granted, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Unger, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 550, Relating generally to gaming at licensed racetracks and historic resort hotels.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered the vote by which it adopted Senator Unger's motion that Engrossed Committee Substitute for Senate Bill No. 550 take effect July 1, 2011.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Unger's motion that the bill take effect July 1, 2011.
Thereafter, at the request of Senator Unger, and by unanimous consent, his foregoing motion was withdrawn.
On motion of Senator Unger, the Senate reconsidered its action by which it adopted the Finance committee amendment to the title of the bill (shown in the Senate Journal of today, pages 58 through 60, inclusive).
The question again bing on the adoption of the Finance committee amendment to the title of the bill.
Thereafter, at the request of Senator Prezioso, as chair of the Committee on Finance, and by unanimous consent, the Finance committee amendment to the title of the bill was withdrawn.
On motion of Senator Unger, the Senate reconsidered the vote as to the passage of the bill.
The vote thereon having been reconsidered,
Prior to the call of the roll, Senator Miller moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
The question again being on the passage of the bill, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: Barnes, Boley, Nohe and Sypolt--4.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.
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. 550) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 550--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-23-12d; to amend and reenact §29-22A-6, §29-22A-10 and §29-22A-10c of said code; and to amend and reenact §29-25-19 and §29-25-22 of said code, all relating to allowing simulcast pari-mutuel racing within the confines of gaming facilities located at historic resort hotels; defining terms; permitting the issuing of licenses; providing for payments; setting forth conditions for out-of-state tracks and interstate pools; registering of persons conducting wagering activities; setting forth the licensee's retainage; setting forth the amounts of payments made by a licensee and to whom they are to be paid; requiring compliance with federal law; authorizing rulemaking; exempting pari-mutuel wagering and equipment from state sales taxes; permitting licensees at racetracks and historic resort hotels to establish minimum and maximum wager limits at video lottery terminals; authorizing the use of video lottery terminal bill acceptors for all United States currency; reducing the required life for capital investments by licensees at racetracks to be reimbursed from the Capital Investment Fund; extending the time for recoupment of expenditures for capital improvements; requiring historic resort hotels to pay a portion of certain proceeds into the Human Resources Fund; creating a Licensed Racetrack and Historic Resort Hotel Facility Modernization Fund; and providing that up to $10 million annually from annual surpluses in the commission's administrative allowance be deposited into that new fund.
Senator Unger moved that the bill take effect July 1, 2011.
On this question,
the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: Barnes, Boley, Nohe and Sypolt--4.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.
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. 550) takes effect July 1, 2011.
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 McCabe.
The Senate proceeded to the thirteenth order of business.
At the request of Senator K. Facemyer, the name of Senator K. Facemyer was removed as a sponsor of Engrossed Senate Bill No. 608 (Increasing fees for services and documents issued by DMV).
On motion of Senator Unger, a leave of absence for the day was granted Senator Tomblin (Mr. President).

Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, March 3, 2011, at 11 a.m.
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