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Senate Journal



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sdj-49th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

FORTY-NINTH DAY

____________

Charleston, W. Va., Tuesday, March 1, 2011

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

Prayer was offered by Bishop Randall Bowles, Pastor, Oceana Church of God, Oceana, West Virginia.
Pending the reading of the Journal of Monday, February 28, 2011,
On motion of Senator Prezioso, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2763--A Bill to amend and reenact §21A-7- 11 of the Code of West Virginia, 1931, as amended, relating to prohibiting the Executive Director of Workforce West Virginia from billing a reimbursable employer under the unemployment compensation law for overpaid amounts of benefits paid to a claimant; and in cases where the employer has been billed and paid the bill for benefits which are subsequently determined to be an overpayment, requiring the executive director to reimburse the employer for the amount of the overpayment.
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. 2802--A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931, as amended, relating to driving on roadways laned for traffic; prohibiting use of turning lanes for through traffic under certain circumstances; and providing criminal penalties.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2883--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog breeding operations.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2953--A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-15A-16 of said code, all relating to dedication of coalbed methane severance tax proceeds; redirecting coalbed methane severance tax revenues from the Infrastructure Fund to county economic development authorities or county commissions; requiring moneys deposited in the Infrastructure Fund prior to July 1, 2011, be distributed to county economic development authorities or county commissions; removing requirement that the Tax Commissioner provide Infrastructure and Jobs Development Council a breakdown of coalbed methane severance taxes paid and amount of coalbed methane produced by each county; providing calculation methods and specifying a minimum share of coalbed methane severance tax revenue be distributed to producing counties in an amount at least equal to the share received by nonproducing counties; providing for portional adjustments and redesignation for counties deemed nonproducing; providing that no distribution of moneys to exceed total amount of coalbed methane severance tax received in any fiscal year; setting forth the purposes for receiving and conditions of expending such funds by county economic development authorities and county commissions; requiring approval of respective county commissions and the Development Office prior to expending certain funds; prohibiting certain expenditures by counties or county economic development authorities; and authorizing and requiring the Development Office to promulgate legislative rules regarding use of certain funds, including emergency rules.
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. 2986--A Bill to amend and reenact §20-3-5 of the Code of West Virginia, 1931, as amended, relating to regulation of outdoor burning; modifying prohibited and permissible fire times and seasons; revising the procedure for obtaining a burning permit; increasing permit fees; exempting agriculture from permit fees; setting forth fire control requirements; and establishing criminal and civil penalties.
Referred to the Committee on Natural Resources.
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. 3064--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.
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. 3105--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-26, relating to immunity from civil and criminal liability for first responders who use forced entry in response to a 911 call.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3114--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5b, relating to development and operation of a nursing home on the grounds of a critical access hospital meeting certain restrictions and exemptions from nursing home moratorium and certificate of need requirements.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3119--A Bill to amend and reenact §16-13A- 7 of the Code of West Virginia, 1931, as amended, relating to increasing the expenditure limit from $15,000 to $25,000 on public service district construction and purchase contracts before competitive bids are required.
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. 3126--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-2-16, relating to railroad companies providing pesticide safety; requiring a railroad company to provide pesticide safety information at a central location accessible to employees of the railroad company and to the public and local communities along the right-of-way treated by pesticide use; and requiring a railroad company to provide pesticide safety training annually to its employees who work along railroad rights,of,way and in rail yards.
Referred to the Committee on Transportation and Infrastructure.
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. 3205--A Bill to amend and reenact §31-20-5d of the Code of West Virginia, 1931, as amended, relating to providing persons convicted of a criminal offense and sentenced to confinement in a regional jail a reduction in sentence for successful completion of education and rehabilitation programs; increasing the time permitted by a sentence reduction from one day to five days per program; adding an alcohol awareness program to the programs offered; increasing the total time permitted by sentence reduction to thirty days; and establishing an enrollment fee for each program.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3267--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to providing an additional decreasing modification reducing federal adjusted gross income for income earned by military personnel and their spouses during a period of service in an area of armed conflict.
Referred to the Committee on Military; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3268 --A Bill to amend and reenact §11-6B- 2 of the Code of West Virginia, 1931, as amended, and to reenact §11-6B-4 of said code, all relating to who may claim a homestead exemption for purposes of ad valorem property taxes and providing that surviving spouse of a claimant must refile to retain the homestead exemption after the death of a claimant.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3269--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income tax liability for certain retired public employees, certified by proper authority as permanently and totally disabled, and surviving spouses; increasing the amount of retirement income received from certain state and federal retirement systems that is excluded from the calculation of income subject to state personal income taxes; and establishing an effective date for the increased exclusion.
Referred to the Committee on Finance.
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 Joint Resolution No. 11, Proposing amendment to Constitution designated Tangible Personal Property Tax Exemption and Rate Reduction Amendment.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 22, 2011;
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the resolution (S. J. R. No. 11) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
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. 277, Limiting amount property reappraisal can increase over previous amount.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 17, 2011;
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 (Com. Sub. for S. B. No. 277) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
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. 436, Continuing personal income tax adjustment to gross income of certain retirees.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 15, 2011;
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. 436) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 535, Providing drivers' licenses designating licensee as honorably discharged veteran.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 535 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17B-2-1 and §17B-2-6 of the Code of West Virginia, 1931, as amended, relating to issuance of driver's license; and providing that licenses issued under this section 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.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Transportation and Infrastructure.
At the request of Senator Beach, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 535) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 43, Requesting DOH erect memorial sign on Route 60, at or near Caldwell exit in Greenbrier County, "Home of Chan Whitt Jr., 'Little Prince' Billiards Champion".
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the resolution (S. C. R. No. 43) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the first Resolved clause, after the word "Jr." by striking out the comma and the words "the 'Little Prince' Billiards Champion";
On page two, in the second Resolved clause, after the word "Jr." by striking out the comma and the words "the 'Little Prince' Billiards Champion";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 43--Requesting the Division of Highways to erect a memorial sign on Route 60, at or near the Caldwell exit, in Greenbrier County, that states "Home of Chan Whitt Jr.".
The question now being on the adoption of the resolution (S. C. R. No. 43), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
Senators Hall, Plymale and Edgell offered the following resolution:
Senate Concurrent Resolution No. 49--Requesting the Joint Committee on Government and Finance to study the fiscal impact and effects of making mandatory drug testing a part of the state regulatory program for miners, apprenticeship miners and applicants for a position as a miner.
Whereas, West Virginia coal miners brave potentially dangerous working conditions on a daily basis to give the state the coal it needs to keep the power on; and
Whereas, These conditions only become more dangerous when a miner works beside someone that is under the influence of a controlled substance; and
Whereas, These dangers can be prevented and deterred if a strong drug testing program were to be put into place to protect the safety of our West Virginia coal miners; and
Whereas, The drug testing program would screen for marijuana metabolites, cocaine metabolites, phencyclidine, amphetamines and opiate metabolites; and
Whereas, The drug testing program would test miners preemployment, post-accident, return-to-work from absence, random testing and reasonable suspicion a miner is under the influence; and
Whereas, An operator will provide new and current miners with information and training about the drug testing and inform them of their rights and responsibilities under the program; and
Whereas, Miners will have an appeals type procedure if they test positive under this drug testing program; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the fiscal impact and effects of making mandatory drug testing a part of the state regulatory program for miners, apprenticeship miners and applicants for a position as a miner; and, be it
Further Resolved, That the Joint Committee on Government and Finance seek input from state agencies and private industry on the impact and effect of mandatory drug testing of coal miners; 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 a written review of the mandatory drug testing programs in surrounding coal states; 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.
Petitions

Senator K. Facemyer presented a petition from Bud Ash and one hundred West Virginia residents, opposing Committee Substitute for Senate Bill No. 362 (Increasing excise tax on all tobacco products).
Referred to the Committee on Finance.
Senator Laird presented a petition from Ruth Workman and two hundred twelve 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 eighth order of business.
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, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Senate Bill No. 18, Requiring alcohol awareness education courses for certain employees of retailers and licensed private clubs.
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. 18) 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. 245, Relating to protection of Chesapeake Bay Watershed.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Snyder, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Snyder, the following amendment to the bill was reported by the Clerk:
On page thirty-five, section seventeen-b, lines fifty-seven through sixty-six, by striking out all of subsections (f) and (g) and inserting in lieu thereof two new subsections (f) and (g), to read as follows:
(f) No later than December 1, 2012, the Water Development Authority shall report to the Joint Committee on Government and Finance the total cost of Chesapeake Bay compliance projects and the proposed grant awards for each eligible project. Grant awards shall be of equal ratio among all applicants of the total cost of each eligible project.
(g) Eligible projects that have obtained project financing prior to December 31, 2011, may apply to the council for funding under the provisions of this section. These applications shall be processed and considered as all other eligible projects, and any grant funding awarded shall be dedicated solely to payment of principal and interest of funding previously awarded to governmental instrumentalities of the state for required Chesapeake Bay nutrient removal projects. The use of grant funding to retire part or all of such debt is specifically authorized, subject to the bond covenants and contractual obligations of the borrowing governmental entity. However, any private portion of funding provided by agreement between a political subdivision and one or more private entities, either by direct capital investment or debt service obligation, shall not be eligible for grant funding under the provisions of this article.
Following discussion,
At the request of Senator Unger, unanimous consent being granted, further consideration of the bill and Senator Snyder's pending amendment was deferred until the conclusion of bills on today's second reading calendar.
Eng. Senate Bill No. 366, Relating to Underground Storage Tank Administrative Fund.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, 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. 366) 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. 444, Relating to protection of nonfamily or nonhousehold members from violations of personal safety.
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. 444) 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. 467, Prohibiting teachers from being assigned additional duties during planning period without consent.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, February 28, 2011, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Wells, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page two, section fourteen, lines twenty-four and twenty- five, by striking out the words "without the consent of the teacher,";
And,
On page three, section fourteen, after line twenty-eight, by inserting the following:
The principal of each school shall report to the county superintendent the number of incidences in which a teacher is assigned any responsibility during his or her planning period that is not for the purpose of completing necessary preparations for the instruction of pupils. For each incident, the report also shall include the reason for the unlawful assignment of responsibility during the planning period for the unauthorized purpose. Each county superintendent shall compile the reports into one report and submit the report to the state superintendent. The state superintendent shall compile all of the reports from the county superintendents into one report and submit the report to the Legislative Oversight Commission on Education Accountability on or before November 1 of each year.
The bill, as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 467 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, 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: Browning--1.
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. 467) passed.
On motion of Senator Wells, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 467--A Bill to amend and reenact §18A-4- 14 of the Code of West Virginia, 1931, as amended, relating to requiring reports on the number of and reasons for incidences in which a teacher is unlawfully assigned any responsibility during his or her planning period.
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. 488, Revising HIV testing statute to conform with most recent recommendations from CDC.
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. 488) 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. 526, Allowing certain emergency service providers possess Naloxone to administer in suspected overdoses.
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. 526) 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. 540, Creating Equine Rescue Facilities Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, 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. 540) 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. 568, Providing attorney from public defender office be appointed by judge in certain cases.
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. 568) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 592, Requiring schools have crisis response plans.
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. 592) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 609, Clarifying certain employees of property management firms are not required to be licensed security guards.
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. 609) 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. 2709, Allowing county school boards to enter into energy-saving contracts.
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 H. B. No. 2709) 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 H. B. No. 2709) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 82, Relating to a child's right to nurse.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 231, Relating to elevator workers' licensure exemptions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 242, Dedicating portion of coal severance tax to county of origin.
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 and considered simultaneously:
On page three, section five-a, subsection (a), line sixteen, by striking out all of subdivision (1) and inserting in lieu thereof a new subdivision (1), to read as follows:
"(1) Economic development projects that are approved by the West Virginia Development Office;";
On page three, section five-a, subsection (a),
line seventeen, after the word "Projects;" by inserting the word "and";
On page three, section five-a, subsection (a),
line eighteen, by striking out all of subdivision (3) and inserting in lieu thereof a new subdivision (3), to read as follows:
(3) Transportation projects in accordance with the provisions of the Community Empowerment Transportation Act, pursuant to article twenty-eight, chapter seventeen of this code.;
On page three, section five-a, subsection (a),
line nineteen, by striking out all of subdivision (4);
And,
On page three, section five-a, subsection (a),
line twenty- seven, after "(a)." by inserting the following: The West Virginia Development Office will prepare and produce a report annually to the Joint Committee on Government and Finance on all economic development projects approved by the Development Office.
On motion of Senator Sypolt, the following amendment to the amendments offered by Senator Stollings to the bill (Com. Sub. for S. B. No. 242)
was next reported by the Clerk:
On page three, section five-a, subsection (a), line twenty- seven, after the words "approved by the Development Office" by changing the period to a colon and inserting the following: Provided, That an additional one percent is added to the oil and gas severance tax that is dedicated to the counties of origin and used solely for the purpose of repairing secondary and tertiary roads.
Senator Unger rose to a point of order that Senator Sypolt's amendment to the amendments offered by Senator Stollings to the bill were not germane.
Thereafter, at the request of Senator Sypolt, unanimous consent being granted, Senator Sypolt's amendment to the amendments offered by Senator Stollings to the bill was withdrawn.
The question being on the adoption of the amendments offered by Senator Stollings to the bill (Com. Sub. for S. B. No. 242), the same was put and prevailed.
On motion of Senator Sypolt, the following amendment to the bill, as amended, was reported by the Clerk:
On page three, section five-a, subsection (a), line twenty- seven, after the words "approved by the Development Office" by changing the period to a colon and inserting the following: Provided, That an additional one percent is added to the oil and gas severance tax that is dedicated to the counties of origin and used solely for the purpose of repairing secondary and tertiary roads.
Senator Unger rose to a point of order that Senator Sypolt's amendment to the bill, as amended, was not germane.
Which point of order, the Acting President ruled not well taken.
The question being on the adoption of Senator Sypolt's amendment to the bill, as amended, the same was put and did not prevail.
The bill (Com. Sub. for S. B. No. 242), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 268, Establishing driver's license restoration program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 285, Extending time frame practitioners must write prescriptions on official tamper-resistant paper.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 307, Creating Intermediate Court of Appeals.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 373, Requiring School Building Authority allocate and expend certain moneys for vocational programs at comprehensive middle schools.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 410, Extending alternative-fuel motor vehicle tax credit.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 424, Creating Natural Gas Horizontal Well Control Act.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Unger, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

Senate Bill No. 426, Requiring judge's permission before release of juror information after trial.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 430, Filing civil petition for expungement of certain criminal records.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 447, Relating to violations of school attendance requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 484, Relating to management agreements of Higher Education Policy Commission.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page two, after the enacting section, by inserting the following:
CHAPTER 18B. HIGHER EDUCATION. ;

On page fourteen, after section nine, by adding the following:
CHAPTER 18C. STUDENT LOANS, SCHOLARSHIPS AND STATE AID.

ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.

§18C-7-5. Powers and duties of the West Virginia Higher Education Policy Commission regarding the PROMISE Scholarship.

(a) Powers of commission. -- In addition to the powers granted by any other provision of this code, the commission has the powers necessary or convenient to carry out the purposes and provisions of this article including, but not limited to, the following express powers:
(1) To promulgate legislative rules in accordance with the provisions of article three-a, chapter twenty-nine-a of this code to effectuate the purposes of this article;
(2) To invest any of the funds of the West Virginia PROMISE Scholarship Fund established in section seven of this article with the West Virginia Investment Management Board in accordance with the provisions of article six, chapter twelve of this code. Any investments made pursuant to this article shall be made with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in conducting an enterprise of a like character and with like aims. Fiduciaries shall diversify plan investments to the extent permitted by law to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so;
(3) To execute contracts and other necessary instruments;
(4) To impose reasonable requirements for residency for students applying for the PROMISE scholarship. Except as provided in section four, article one of this chapter, a student shall have met the following requirements to be eligible:
(A) Completed at least one half of the credits required for high school graduation in a public or private high school in this state; or
(B) Received instruction in the home or other approved place pursuant to subsection (c), section one, article eight, chapter eighteen of this code for the two years immediately preceding application;
(C) This subsection does not establish residency requirements for matriculation or fee payment purposes at state institutions of higher education;
(5) To contract for necessary goods and services, to employ necessary personnel and to engage the services of private persons for administrative and technical assistance in carrying out the responsibilities of the scholarship program. Any services provided or secured to implement or administer the provisions of this section remain under the direction and authority of the Vice Chancellor for Administration;
(6) To solicit and accept gifts, including bequests or other testamentary gifts made by will, trust or other disposition, grants, loans and other aid from any source and to participate in any federal, state or local governmental programs in carrying out the purposes of this article;
(7) To define the terms and conditions under which scholarships are awarded with the minimum requirements being set forth in section six of this article; and
(8) To approve or reject applications for participation in the PROMISE scholarship program by any public or private regionally accredited institution in this state not listed in section three of this article. The commission has the sole and unilateral authority to grant approval to an institution to participate in the program and approval may not be granted by any other governmental entity nor through amendment of section three of this article; and
(8) (9) To establish other policies, procedures and criteria necessary to implement and administer the provisions of this article.
(b) Duties of commission. -- In addition to any duty required by any other provision of this code, the commission has the following responsibilities:
(1) To operate the program in a fiscally responsible manner and within the limits of available funds;
(2) To operate the program as a merit-based program;
(3) To adjust academic eligibility requirements should projections indicate that available funds will not be sufficient to cover future costs; and
(4) To maintain contact with graduates who have received PROMISE scholarships and to provide a written statement of intent to recipients who are selected to receive a PROMISE scholarship notifying them that acceptance of the scholarship entails a responsibility to supply the following:
(A) Information requested by the commission to determine the number and percentage of recipients who shall:
(i) Continue to live in West Virginia after graduation;
(ii) Obtain employment in West Virginia after graduation; and
(iii) Enroll in post-graduate education programs;
(B) For PROMISE scholars who enroll in post-graduate education programs, the name of the state in which each post-graduate institution is located; and
(C) Any other relevant information the commission reasonably requests to implement the provisions of this subdivision;
(5) To analyze and use the data collected pursuant to subdivision (4) of this subsection to:
(A) Report the findings annually to the Legislative Oversight Commission on Education Accountability; and
(B) Make annual recommendations to the Legislative Oversight Commission on Education Accountability regarding any actions the commission considers necessary or expedient to encourage PROMISE recipients to live and work in the state after graduation.;
And,
On page two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be 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 that §18C-7-5 of said code be amended and reenacted, all to read as follows: .
The bill (Com. Sub. for S. B. No. 484), as amended, was
then ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 492, Relating to maximizing federal funding for state Medicaid program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 499, Regulating zipline and canopy tour operations.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 532, Relating to fraud and abuse in Medicaid program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 544, Relating to municipal policemen's and firemen's pension and relief funds.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 553, Creating workers' compensation insurance subsidy program for volunteer fire departments.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 556, Relating to Water Development Authority employees.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 560, Relating to confidentiality of Health Care Authority's rate-setting model.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 565, Providing notice and ability to be heard during certain hearings to person residing with victim prior to crime.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 581, Changing beginning date for early voting; allowing Saturday early voting.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Unger, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

Senate Bill No. 611, Extending discount for EZ Pass transponders to all other toll roads.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 612, Exempting certain schools and school districts from certain statutory provisions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 613, Relating to state election code.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Unger, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

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 reported by the Clerk.
At the request of Senator Green, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate recessed until 6 p.m. today.
At the expiration of the recess, the Senate reconvened.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 245, Relating to protection of Chesapeake Bay Watershed.
On third reading, coming up in deferred order, was again reported by the Clerk.
On motion of Senator Snyder, the following pending amendment to the bill was again reported by the Clerk:
On page thirty-five, section seventeen-b, lines fifty-seven through sixty-six, by striking out all of subsections (f) and (g) and inserting in lieu thereof two new subsections (f) and (g), to read as follows:
(f) No later than December 1, 2012, the Water Development Authority shall report to the Joint Committee on Government and Finance the total cost of Chesapeake Bay compliance projects and the proposed grant awards for each eligible project. Grant awards shall be of equal ratio among all applicants of the total cost of each eligible project.
(g) Eligible projects that have obtained project financing prior to December 31, 2011, may apply to the council for funding under the provisions of this section. These applications shall be processed and considered as all other eligible projects, and any grant funding awarded shall be dedicated solely to payment of principal and interest of funding previously awarded to governmental instrumentalities of the state for required Chesapeake Bay nutrient removal projects. The use of grant funding to retire part or all of such debt is specifically authorized, subject to the bond covenants and contractual obligations of the borrowing governmental entity. However, any private portion of funding provided by agreement between a political subdivision and one or more private entities, either by direct capital investment or debt service obligation, shall not be eligible for grant funding under the provisions of this article.
Following discussion,
The question being on the adoption of Senator Snyder's amendment to the bill, the same was put and prevailed.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 245 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, 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: Fanning 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 Com. Sub. for S. B. No. 245) passed.
On motion of Senator Snyder, 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. 245--A Bill to amend and reenact §22C-1-27 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22-18a of said code; to amend said code by adding thereto a new section, designated §29-22-18d; to amend and reenact §31-15A-9 of said code; and to amend said code by adding thereto a new section, designated §31-15A-17b, all relating to protection of the Chesapeake Bay Watershed; increasing the bonding authority of the Water Development Authority for limited purpose; increasing amount of excess lottery revenue deposited to infrastructure fund; providing for distribution to infrastructure fund where excess lottery revenue shortfall occurs; providing exemption for excess lottery revenue deposited to infrastructure fund; creating the West Virginia Infrastructure Lottery Revenue Debt Service Fund and providing for purpose of new fund; authorizing Water Development Authority to issue revenue bonds for certain Chesapeake Bay Watershed projects; establishing deadline for publicly owned wastewater facilities subject to Chesapeake Bay compliance standards to submit ten-year projected capital funding plan to Infrastructure Council for review and approval; providing eligibility for funding; requiring Water Development Authority to report to Joint Committee on Government and Finance regarding total cost of Chesapeake Bay compliance projects; establishing distribution guidelines for grants to eligible projects; making Chesapeake Bay compliance projects with funding approved before a certain date eligible for grant funding; and limiting eligibility of grant funding.
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
Com. Sub. for Senate Bill No. 350 (originating in the Committee on Banking and Insurance), Creating all-payer claims database.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 350 (originating in the Committee on Finance)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5, §33-16G-6, §33-16G-7 and §33-16G-8, all relating to an all-payer claims database; declaring purpose; defining terms; developing the database by the Insurance Commissioner, Secretary of Health and Human Resources and Chairperson of the Health Care Authority; authorizing joint emergency and legislative rules; providing for compliance with privacy laws; permitting fees and assessments to be assessed; authorizing penalties to be set by rule; authorizing injunctive relief; establishing special revenue account; and allowing other sanctions.
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 S. B. No. 350) 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.
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. 391, Relating to early in-person voting; community voting locations.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 23, 2011;
And reports the same back with the recommendation that it do pass, as amended.
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. 391) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On pages six through nine, by striking out all of section three;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §3-3-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:.
The bill (Com. Sub. for S. B. No. 391), as amended, was then ordered to engrossment and third reading.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 539, Increasing cities in which certain police chiefs are entitled to reinstatement.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 539 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-14-3a, relating to allowing police chiefs and deputy chiefs in Class III and Class IV municipalities to be reinstated to previous rank after term as chief or deputy chief is completed.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 539) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
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. 550, Relating generally to gaming at licensed racetracks and historic resort hotels.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 23, 2011;
And reports the same back with the recommendation that it do pass, as amended.
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. 550) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On pages seventeen through twenty-nine, by striking out all of section ten and inserting in lieu thereof a new section ten, to read as follows:
§29-22A-10. Accounting and reporting; commission to provide communications protocol data; distribution of net terminal income; remittance through electronic transfer of funds; establishment of accounts and nonpayment penalties; commission control of accounting for net terminal income; settlement of accounts; manual reporting and payment may be required; request for reports; examination of accounts and records.

(a) The commission shall provide to manufacturers, or applicants applying for a manufacturer's permit, the protocol documentation data necessary to enable the respective manufacturer's video lottery terminals to communicate with the commission's central computer for transmitting auditing program information and for activation and disabling of video lottery terminals.
(b) The gross terminal income of a licensed racetrack shall be remitted to the commission through the electronic transfer of funds. Licensed racetracks shall furnish to the commission all information and bank authorizations required to facilitate the timely transfer of moneys to the commission. Licensed racetracks must provide the commission thirty days' advance notice of any proposed account changes in order to assure the uninterrupted electronic transfer of funds. From the gross terminal income remitted by the licensee to the commission:
(1) The commission shall deduct an amount sufficient to reimburse the commission for its actual costs and expenses incurred in administering racetrack video lottery at the licensed racetrack and the resulting amount after the deduction is the net terminal income. The amount deducted for administrative costs and expenses of the commission may not exceed four percent of gross terminal income: Provided, That any amounts deducted by the commission for its actual costs and expenses that exceeds its actual costs and expenses shall be deposited into the State Lottery Fund.
For the fiscal years ending June 30, 2006, 2007, 2008, 2009, 2010 and 2011, through June 30, 2020, the term "actual costs and expenses" shall may include transfers of no more than $20 up to $10 million in surplus allocations for each fiscal year, as calculated by the commission when it has closed its books for the fiscal year, to the Revenue Center Construction Fund Licensed Racetrack Modernization Fund created by subsection (1), section eighteen, article twenty-two of this chapter for the purpose of constructing a state office building subdivision (2), subsection (b) of this section. For all fiscal years beginning on or after July 1, 2001, the commission shall not receive an amount of gross terminal income in excess of the amount of gross terminal income received during the fiscal year ending on June 30, 2001, but four percent of any amount of gross terminal income received in excess of the amount of gross terminal income received during the fiscal year ending on June 30, 2001, shall be deposited into the fund established in section eighteen-a, article twenty-two of this chapter; and
(2) A Licensed Racetrack Modernization Fund is created within the lottery fund. For all fiscal years beginning on or after July 1, 2011, and ending with the fiscal year beginning July 1, 2020, the commission shall deposit such amounts as are available according to subdivision (1), subsection (b) of this section into a separate facility modernization account maintained within the Licensed Racetrack Modernization Fund for each racetrack. Each racetrack's share of each year's deposit shall be calculated in the same ratio as each racetrack's apportioned contribution to the four percent administrative costs and expenses allowance provided for in subdivision (1), subsection (b) of this section for that year. For each two dollars expended by a licensed racetrack for facility modernization improvements at the racetrack, having a useful life of three or more years and placed in service after July 1, 2011, the licensed racetrack shall receive $1 in recoupment from its facility modernization account. If the licensed racetrack's facility modernization account contains a balance in any fiscal year, the unexpended balance from that fiscal year will be available for matching for one additional fiscal year, after which time, the remaining unused balance carried forward shall revert to the lottery fund. For purposes of this section, the term "facility modernization improvements" includes acquisitions of new and unused video lottery terminals and related equipment. Video lottery terminals financed through the recoupment provided in this subdivision must be retained by the licensee in its West Virginia licensed location for a period of not less than five years from the date of initial installation.
(c) Net The amount resulting after the deductions required by subsection (b) of this section constitutes net terminal income that shall be divided as set out in this subsection. For all fiscal years beginning on or after July 1, 2001, any amount of net terminal income received in excess of the amount of net terminal income received during the fiscal year ending on June 30, 2001, shall be divided as set out in section ten-b of this article. The licensed racetrack's share is in lieu of all lottery agent commissions and is considered to cover all costs and expenses required to be expended by the licensed racetrack in connection with video lottery operations. The division shall be made as follows:
(1) The commission shall receive thirty percent of net terminal income, which shall be paid into the State Lottery Fund as provided in section ten-a of this article;
(2) Until July 1, 2005, fourteen percent of net terminal income at a licensed racetrack shall be deposited in the special fund established by the licensee, and used for payment of regular purses in addition to other amounts provided for in article twenty-three, chapter nineteen of this code, on and after July 1, 2005, the rate shall be seven percent of net terminal income;
(3) The county where the video lottery terminals are located shall receive two percent of the net terminal income: Provided, That:
(A) Beginning July 1, 1999, and thereafter, any amount in excess of the two percent received during the fiscal year 1999 by a county in which a racetrack is located that has participated in the West Virginia Thoroughbred Development Fund since on or before January 1, 1999, shall be divided as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipalities of the county shall receive fifty percent of the excess amount, said fifty percent to be divided among the municipalities on a per capita basis as determined by the most recent decennial United States census of population; and
(B) Beginning July 1, 1999, and thereafter, any amount in excess of the two percent received during the fiscal year 1999 by a county in which a racetrack other than a racetrack described in paragraph (A) of this proviso is located and where the racetrack has been located in a municipality within the county since on or before January 1, 1999, shall be divided, if applicable, as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipality shall receive fifty percent of the excess amount; and
(C) This proviso shall not affect the amount to be received under this subdivision by any other county other than a county described in paragraph (A) or (B) of this proviso;
(4) One percent of net terminal income shall be paid for and on behalf of all employees of the licensed racing association by making a deposit into a special fund to be established by the Racing Commission to be used for payment into the pension plan for all employees of the licensed racing association;
(5) The West Virginia Thoroughbred Development Fund created under section thirteen-b, article twenty-three, chapter nineteen of this code and the West Virginia Greyhound Breeding Development Fund created under section ten of said article shall receive an equal share of a total of not less than one and one-half percent of the net terminal income;
(6) The West Virginia Racing Commission shall receive one percent of the net terminal income which shall be deposited and used as provided in section thirteen-c, article twenty-three, chapter nineteen of this code;
(7) A licensee shall receive forty-six and one-half percent of net terminal income;
(8)(A) The Tourism Promotion Fund established in section twelve, article two, chapter five-b of this code shall receive three percent of the net terminal income: Provided, That for the fiscal year beginning July 1, 2003, the Tourism Commission shall transfer from the Tourism Promotion Fund $5 million of the three percent of the net terminal income described in this section and section ten-b of this article into the fund administered by the West Virginia Economic Development Authority pursuant to section seven, article fifteen, chapter thirty-one of this code, $5 million into the Capitol Renovation and Improvement Fund administered by the Department of Administration pursuant to section six, article four, chapter five-a of this code and $5 million into the Tax Reduction and Federal Funding Increased Compliance Fund; and
(B) Notwithstanding any provision of paragraph (A) of this subdivision to the contrary, for each fiscal year beginning after June 30, 2004, this three percent of net terminal income and the three percent of net terminal income described in paragraph (B), subdivision (8), subsection (a), section ten-b of this article shall be distributed as provided in this paragraph as follows:
(i) 1.375 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the Tourism Promotion Fund created under section twelve, article two, chapter five-b of this code;
(ii) 0.375 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the Development Office Promotion Fund created under section three-b, article two, chapter five-b of this code;
(iii) 0.5 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the Research Challenge Fund created under section ten, article one-b, chapter eighteen-b of this code;
(iv) 0.6875 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the Capitol Renovation and Improvement Fund administered by the Department of Administration pursuant to section six, article four, chapter five-a of this code; and
(v) 0.0625 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the 2004 Capitol Complex Parking Garage Fund administered by the Department of Administration pursuant to section five-a, article four, chapter five-a of this code;
(9)(A) On and after July 1, 2005, seven percent of net terminal income shall be deposited into the Workers' Compensation Debt Reduction Fund created in section five, article two-d, chapter twenty-three of this code: Provided, That in any fiscal year when the amount of money generated by this subdivision totals $11 million, all subsequent distributions under this subdivision shall be deposited in the special fund established by the licensee and used for the payment of regular purses in addition to the other amounts provided for in article twenty-three, chapter nineteen of this code;
(B) The deposit of the seven percent of net terminal income into the Workers' Compensation Debt Reduction Fund pursuant to this subdivision shall expire and not be imposed with respect to these funds and shall be deposited in the special fund established by the licensee and used for payment of regular purses in addition to the other amounts provided in article twenty-three, chapter nineteen of this code, on and after the first day of the month following the month in which the Governor certifies to the Legislature that: (i) The revenue bonds issued pursuant to article two-d, chapter twenty-three of this code, have been retired or payment of the debt service provided for; and (ii) that an independent certified actuary has determined that the unfunded liability of the old fund, as defined in chapter twenty-three of this code, has been paid or provided for in its entirety; and
(10) The remaining one percent of net terminal income shall be deposited as follows:
(A) For the fiscal year beginning July 1, 2003, the veterans memorial program shall receive one percent of the net terminal income until sufficient moneys have been received to complete the veterans memorial on the grounds of the State Capitol Complex in Charleston, West Virginia. The moneys shall be deposited in the State Treasury in the Division of Culture and History special fund created under section three, article one-I, chapter twenty-nine of this code: Provided, That only after sufficient moneys have been deposited in the fund to complete the veterans memorial and to pay in full the annual bonded indebtedness on the veterans memorial, not more than $20,000 of the one percent of net terminal income provided in this subdivision shall be deposited into a special revenue fund in the State Treasury, to be known as the "John F. 'Jack' Bennett Fund". The moneys in this fund shall be expended by the Division of Veterans Affairs to provide for the placement of markers for the graves of veterans in perpetual cemeteries in this state. The Division of Veterans Affairs shall promulgate legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code specifying the manner in which the funds are spent, determine the ability of the surviving spouse to pay for the placement of the marker and setting forth the standards to be used to determine the priority in which the veterans grave markers will be placed in the event that there are not sufficient funds to complete the placement of veterans grave markers in any one year, or at all. Upon payment in full of the bonded indebtedness on the veterans memorial, $100,000 of the one percent of net terminal income provided for in this subdivision shall be deposited in the special fund in the Division of Culture and History created under section three, article one-i, chapter twenty-nine of this code and be expended by the Division of Culture and History to establish a West Virginia veterans memorial archives within the Cultural Center to serve as a repository for the documents and records pertaining to the veterans memorial, to restore and maintain the monuments and memorial on the capitol grounds: Provided, however, That $500,000 of the one percent of net terminal income shall be deposited in the State Treasury in a special fund of the Department of Administration, created under section five, article four, chapter five-a of this code, to be used for construction and maintenance of a parking garage on the state Capitol Complex; and the remainder of the one percent of net terminal income shall be deposited in equal amounts in the Capitol Dome and Improvements Fund created under section two, article four, chapter five-a of this code and Cultural Facilities and Capitol Resources Matching Grant Program Fund created under section three, article one of this chapter;
(B) For each fiscal year beginning after June 30, 2004:
(i) Five hundred thousand dollars of the one percent of net terminal income shall be deposited in the State Treasury in a special fund of the Department of Administration, created under section five, article four, chapter five-a of this code, to be used for construction and maintenance of a parking garage on the State Capitol Complex; and
(ii) The remainder of the one percent of net terminal income and all of the one percent of net terminal income described in paragraph (B), subdivision (9), subsection (a), section ten-b of this article twenty-two-a shall be distributed as follows: The net terminal income shall be deposited in equal amounts into the Capitol Dome and Capitol Improvements Fund created under section two, article four, chapter five-a of this code and the Cultural Facilities and Capitol Resources Matching Grant Program Fund created under section three, article one, chapter twenty-nine of this code until a total of $1,500,000 is deposited into the Cultural Facilities and Capitol Resources Matching Grant Program Fund; thereafter, the remainder shall be deposited into the Capitol Dome and Capitol Improvements Fund.
(d) Each licensed racetrack shall maintain in its account an amount equal to or greater than the gross terminal income from its operation of video lottery machines, to be electronically transferred by the commission on dates established by the commission. Upon a licensed racetrack's failure to maintain this balance, the commission may disable all of a licensed racetrack's video lottery terminals until full payment of all amounts due is made. Interest shall accrue on any unpaid balance at a rate consistent with the amount charged for state income tax delinquency under chapter eleven of this code. The interest shall begin to accrue on the date payment is due to the commission.
(e) The commission's central control computer shall keep accurate records of all income generated by each video lottery terminal. The commission shall prepare and mail to the licensed racetrack a statement reflecting the gross terminal income generated by the licensee's video lottery terminals. Each licensed racetrack shall report to the commission any discrepancies between the commission's statement and each terminal's mechanical and electronic meter readings. The licensed racetrack is solely responsible for resolving income discrepancies between actual money collected and the amount shown on the accounting meters or on the commission's billing statement.
(f) Until an accounting discrepancy is resolved in favor of the licensed racetrack, the commission may make no credit adjustments. For any video lottery terminal reflecting a discrepancy, the licensed racetrack shall submit to the commission the maintenance log which includes current mechanical meter readings and the audit ticket which contains electronic meter readings generated by the terminal's software. If the meter readings and the commission's records cannot be reconciled, final disposition of the matter shall be determined by the commission. Any accounting discrepancies which cannot be otherwise resolved shall be resolved in favor of the commission.
(g) Licensed racetracks shall remit payment by mail if the electronic transfer of funds is not operational or the commission notifies licensed racetracks that remittance by this method is required. The licensed racetracks shall report an amount equal to the total amount of cash inserted into each video lottery terminal operated by a licensee, minus the total value of game credits which are cleared from the video lottery terminal in exchange for winning redemption tickets, and remit the amount as generated from its terminals during the reporting period. The remittance shall be sealed in a properly addressed and stamped envelope and deposited in the United States mail no later than noon on the day when the payment would otherwise be completed through electronic funds transfer.
(h) Licensed racetracks may, upon request, receive additional reports of play transactions for their respective video lottery terminals and other marketing information not considered confidential by the commission. The commission may charge a reasonable fee for the cost of producing and mailing any report other than the billing statements.
(i) The commission has the right to examine all accounts, bank accounts, financial statements and records in a licensed racetrack's possession, under its control or in which it has an interest and the licensed racetrack shall authorize all third parties in possession or in control of the accounts or records to allow examination of any of those accounts or records by the commission.

The bill (Com. Sub. for S. B. No. 550), as amended, was then ordered to engrossment and third reading.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 569, Increasing homeowners' associations dues to provide sufficient funding for certain maintenance.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 569 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §36B-1-203 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum homeowners' associations' fees for the exception for small and limited expense liability planned communities.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Palumbo, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 569) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 570, Creating Volunteer for Nonprofit Youth Organizations Exemption from Licensing, Certification and Permitting Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 570 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5, §29- 29-6, §29-29-7 and §29-29-8, all relating to creating an exemption from licensing for nonprofit youth volunteers; exempting certain volunteers for nonprofit youth organizations from licensing, certification and permitting; stating purpose; defining terms; exempting certain medical service professionals; exempting certain law-enforcement officers; exempting certain emergency medical service professionals; stating duties of the nonprofit youth organization; providing for the revocation of permits; defining liability of the volunteers and the nonprofit youth organizations; and declaring the sections of said article severable.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No 570) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
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. 606, Providing funding for parkways project along U. S. Route 35.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 25, 2011;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso requested unanimous consent that the bill (Com. Sub. for S. B. No. 606) contained in the preceding report from the Committee on Finance be taken up for immediate consideration.
Which consent was not granted, Senator K. Facemyer objecting.
On motion of Senator Unger, the bill was taken up for immediate consideration
and read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On pages seven and eight, section ten, by striking out all of subsection (p) and inserting in lieu thereof a new subsection (p), to read as follows:
(p) Notwithstanding any other provision of this article, if and when the trustee for the Parkways Authority's toll revenue bonds shall have sufficient funds and U. S. Treasury securities on hand in a defeasance escrow account and in other available funds and accounts held under the trust indenture by the trustee that can be made available for defeasance of such bonds that, in the aggregate, are sufficient to pay all principal of, interest on and applicable premium, if any, on such bonds as and when the same shall become due, the authority shall direct the trustee to defease such bonds at the first practicable date and time in compliance with the applicable trust indenture requirements and federal tax law and regulations and the authority shall take steps to accomplish such defeasance. Upon such defeasance or the final maturity and final payment of all such bonds, whichever shall first occur, the authority shall there upon cease to charge and collect tolls along the authority's U. S. Route 35 parkways project.
The bill (Com. Sub. for S. B. No. 606), as amended, was then ordered to engrossment and third reading.
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. 608, Increasing fees for services and documents issued by DMV.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 23, 2011;
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. 608) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
At the request of Senator Beach, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 614, Permitting specific law-enforcement officials access to certain confidential pharmaceutical information.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Health and Human Resources on February 28, 2011;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bill (S. B. No. 614) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
§60A-9-5. Confidentiality; limited access to records; period of retention; no civil liability for required reporting.

(a) (1) The information required by this article to be kept by the State Board of Pharmacy is confidential and is open to inspection only by inspectors and agents of the State Board of Pharmacy, members of the West Virginia State Police expressly authorized by the Superintendent of the West Virginia State Police to have access to the information, authorized agents of local law- enforcement agencies and deputy sheriffs as a member of a federally affiliated drug task force, authorized agents of the federal Drug Enforcement Administration, duly authorized agents of the Bureau for Medical Services and the Workers' Compensation Commission, duly authorized agents of the Office of the Chief Medical Examiner for use in post-mortem examinations, duly authorized agents of licensing boards of practitioners in this state and other states authorized to prescribe Schedules II, III and IV controlled substances, prescribing practitioners and pharmacists and persons with an enforceable court order or regulatory agency administrative subpoena: Provided, That all law-enforcement personnel who have access to the controlled substances monitoring database shall be granted access in accordance with applicable state laws and Board of Pharmacy legislative rules and shall be certified as a West Virginia law-enforcement officer and shall have successfully completed U. S. Drug Enforcement Administration Diversion Training and National Association of Drug Diversion Investigation Training. Provided, That all All information released by the State Board of Pharmacy must be related to a specific patient or a specific individual or entity under investigation by any of the above parties except that practitioners who prescribe controlled substances may request specific data related to their Drug Enforcement Administration controlled substance registration number or for the purpose of providing treatment to a patient.
(2) Subject to the provisions of subdivision (1) of this subsection, the board shall also review the West Virginia Controlled Substance Monitoring Program database and issue reports that identify abnormal or unusual practices of both health care professionals and patients who exceed predetermined parameters. All reports produced by the board shall be kept confidential and may only be used in furtherance of communicating with licensing boards regarding abnormal prescription and dispensing practices or by prescribers to more effectively manage the medications of their patients.
The board shall maintain the information required by this article for a period of not less than five years. Notwithstanding any other provisions of this code to the contrary, data obtained under the provisions of this article may be used for compilation of educational, scholarly or statistical purposes as long as the identities of persons or entities remain confidential. No individual or entity required to report under section four of this article may be subject to a claim for civil damages or other civil relief for the reporting of information to the Board of Pharmacy as required under and in accordance with the provisions of this article.
(3) The board shall establish an advisory committee to develop, implement and recommend parameters to be used in identifying abnormal or unusual prescribing or dispensing patterns in this state. This advisory committee shall:
(A) Consist of the following members: A licensed physician member of the West Virginia Board of Medicine, a licensed dentist member of the West Virginia Board of Dental Examiners, a licensed physician member of the West Virginia Board of Osteopathy, a member of the Controlled Substance Advisory Board of the Partnership for Community Well-Being, a licensed physician certified by the American Board of Pain Medicine and a licensed physician board certified in medical oncology recommended by the West Virginia State Medical Association, a licensed physician board certified in palliative care recommended by the West Virginia Center on End of Life Care, a member of the West Virginia Board of Pharmacy, a licensed physician member of the West Virginia Academy of Family Practice Physicians and a representative of a controlled substance wholesaler chosen by the Board of Pharmacy.
(B) Recommend parameters to identify abnormal or unusual prescribing or dispensing patterns of use of controlled substances for both patients and health care professionals in order to prepare reports as requested in accordance with subsection (a), subdivision (2) of this section.
(C) Recommend parameters unique to different health care professionals due to the nature of their work such as palliative care physicians, oncologists and pain medicine specialists.
(D) Make recommendations for training, research and other areas that are determined by the committee to have the potential to reduce inappropriate use of prescription drugs in this state.
(b) Upon receipt of the committee's recommendations of parameters for prescribing and dispensing specific to each profession and subspecialty therewithin, each professional licensing board shall adopt parameters for the profession and subspecialties thereof and provide them to the board.
(c) The Board of Pharmacy is responsible for establishing the advisory committee and providing administrative support. The advisory committee shall elect a chair by majority vote. The board shall promulgate rules with advice and consent of the advisory committee, in accordance with the provisions of article three, chapter twenty-nine-a of this code on or before June 1, 2012. The legislative rules must include, but shall not be limited to, the following matters: (1) Identifying parameters used in identifying abnormal or unusual prescribing or dispensing patterns; (2) processing parameters and developing reports of abnormal or unusual prescribing or dispensing patterns for both patients and health care professionals; and (3) establishing the information to be contained in reports and the process by which the reports will be generated and disseminated.
(b) (d) All practitioners, as that term is defined in section one hundred one, article two of this chapter who prescribe or dispense Schedule II, III or IV controlled substances shall, on or before July 1, 2011, have online or other form of electronic access to the West Virginia Controlled Substances Monitoring Program database;
(c) (e) Persons or entities with access to the West Virginia Controlled Substances Monitoring Program database pursuant to this section may, pursuant to rules promulgated by the Board of Pharmacy, delegate appropriate personnel to have access to said database;
(d) (f) Good faith reliance by a practitioner on information contained in the West Virginia Controlled Substances Monitoring Program database in prescribing or dispensing or refusing or declining to prescribe or dispense a Schedule II, III or IV controlled substance shall constitute an absolute defense in any civil or criminal action brought due to prescribing or dispensing or refusing or declining to prescribe or dispense; and
(e) The Board of Pharmacy is hereby authorized to promulgate an emergency rule under chapter twenty-nine-a to effectuate the amendments to this section enacted during the 2010 Regular Session of the Legislature.

(g) A prescribing practitioner may notify law enforcement of a patient, who in the prescribing practitioner's judgment may be in violation of section four hundred ten, article four, chapter sixty- a of this code, based on information obtained and reviewed from the controlled substances monitoring database. A prescribing practitioner who makes a notification pursuant to this subsection shall be immune from any civil, administrative or criminal liability that otherwise might be incurred or imposed because of such notification if such notification is made in good faith.
(f) (h) Nothing in the article shall be construed to require a practitioner to access the West Virginia Controlled Substances Monitoring Program database.
(i) Unauthorized access or use or unauthorized disclosure of the information in the database is a felony punishable by incarceration in a state correctional facility for not less than one year nor more than five years or fined not less than three thousand dollars nor more than ten thousand dollars, or both.
(j) The Board of Pharmacy shall make every effort to update the database to a real-time database as soon as a system is available and when funding is available. The implementation of the parameters to identify abnormal or unusual prescribing or dispensing patterns or practices as established by this article shall be contingent on available funding.
(k) The Board of Pharmacy shall provide an annual report on the West Virginia Controlled Substance Monitoring Program to the Legislative Oversight Commission on Health and Human Resources Accountability with recommendations for needed legislation.

The bill (S. B. No. 614), as amended, was then ordered to engrossment and third reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator K. Facemyer.
Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Senator K. Facemyer were ordered printed in the Appendix to the Journal.

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, Wednesday, March 2, 2011, at 11 a.m.
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