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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2011

THIRD DAY

____________

Charleston, W. Va., Wednesday, August 3, 2011

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

     Prayer was offered by the Reverend Alton Dillard, Sr., Allen Chapel A.M.E. Church, Charleston, West Virginia.
     Pending the reading of the Journal of Tuesday, August 2, 2011,
     On motion of Senator Tucker, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the third order of business.
     Senator Kessler (Acting President) laid before the Senate the following supplement to the proclamation dated July 29, 2011, from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

A P R O C L A M A T I O N

By the Governor

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

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