sdj-50th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FIFTIETH DAY
____________
Charleston, W. Va., Wednesday, March 2, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Nahum Balser, Antioch
Advent Christian Church, Elkview, West Virginia.
Pending the reading of the Journal of Tuesday, March 1, 2011,
On motion of Senator Chafin, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate next proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2512--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §47-26-1, §47-26-2, §47-26-3; §47-26-4§ and
§47-26-5, all relating to pawnbrokers; requiring pawnbrokers to obtain a signed statement affirming ownership from each seller or
pledgor on all sale or pawn transactions, except for refinance pawn
transactions or merchandise bought from a manufacturer or
wholesaler with an established place of business; requiring
pawnbrokers to make a pawn transaction report for each purchase,
loan or sale of property, except with regard to refinance pawn
transactions or merchandise bought from a manufacturer or
wholesaler with an established place of business; setting forth the
minimum information to be contained in such pawn transaction
reports; requiring pawnbrokers to retain records; requiring
pawnbrokers to provide a copy of the pawn transactions reports or
a summary pawn transaction report to local law enforcement
officials each month; requiring pawnbrokers to make such original
records available for inspection by law enforcement officials or
agencies on request; making a pawnbroker's failure to comply with
the requirements of this article a misdemeanor; making the filing
of a false statement of ownership a misdemeanor; establishing
criminal penalties for offenses; and definitions,
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2703--A Bill to amend and reenact §7-14-3 of the Code of West Virginia, 1931, as amended; to
amend and reenact §8-14-7 of said code; and to amend and reenact
§8-15-12 of said code, all relating to county civil service
commissions; qualifications of members of the Policemen's Civil
Service Commission; qualifications of members of the Firemen's
Civil Service Commission; qualifications of members of other Civil
Service Commissions of the counties; restrictions from service; and
disqualifications from service.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2011, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2981--A Bill to amend and
reenact §15-1B-21 of the Code of West Virginia, 1931, as amended,
relating to payments for trade certifications and allowing use of
tuition assistance for West Virginia National Guard members
enrolled in a doctor of medicine or osteopathic medicine program.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3050--A Bill to repeal §30-
35-2a of the Code of West Virginia, 1931, as amended; to amend and
reenact §30-35-1, §30-35-2, §30-35-3, §30-35-4, §30-35-5, §30-35-6, §30-35-7, §30-35-8, §30-35-9, §30-35-10, §30-35-11, §30-35-12, §30-
35-13 and §30-35-14 of said code; and to amend said code by adding
thereto four new sections, designated §30-35-15, §30-35-16, §30-35-
17 and §30-35-18, all relating to the practice of dietetics;
providing that it is unlawful to practice dietetics without a
license; defining terms; providing board member qualifications;
describing conditions and terms of board appointments; describing
powers and duties of the board; defining board rule-making
authority; continuing the Board of Licensed Dieticians Fund in the
State Treasury; establishing conditions for licensure; defining the
scope of practice of dieticians; authorizing the issuance of
temporary permits; requiring license renewal; requiring display of
a license; providing the board may enjoin licensees; authorizing
the board to investigate complaints; providing for due process for
licensees; describing procedures for hearings and rights of appeal;
authorizing criminal proceedings; and describing penalties for
violations of the act.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3067--A Bill to amend and
reenact §59-1-4, §59-1-11 and §59-1-13 of the Code of West
Virginia, 1931, as amended, all relating to fees collected by clerks of court to be used to enhance funding for civil legal
services for victims of domestic violence and low income citizens
in the state.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3087--A Bill to amend and
reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to
amend and reenact §15-2-25 of said code; and to amend said code by
adding thereto a new section, designated §30-29-11, all relating to
requiring qualifying law-enforcement officers employed by a West
Virginia law-enforcement agency to receive certification to carry
a concealed firearm nationwide as provided in the federal Law-
Enforcement Officers Safety Act of 2004; permitting and setting
forth the requirements for prosecuting attorneys and assistant
prosecuting attorneys to carry concealed handguns pursuant to that
act; requiring prosecutors, assistant prosecutors or duly appointed
investigators employed by a prosecuting attorney to complete
firearms training and certification before carrying a firearm while
performing their duties; establishing a procedure for a retired or
medically discharged member of the State Police to appeal a denial
of a letter of authorization to carry concealed handguns; providing
that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns
are cumulative; providing that a letter of authorization for a
retired or medically discharged member of the State Police to carry
concealed handguns is considered a West Virginia concealed handgun
license for the purpose of participating in reciprocity with other
states; providing that law-enforcement agencies are neither
prohibited from nor required to permit an officer to carry his or
her service weapon off duty; and requiring West Virginia law-
enforcement agencies to offer access to training and certification
for honorably retired officers to be permitted to carry a concealed
firearm nationwide as a qualified retired law-enforcement officer
as provided in the federal Law-Enforcement Officers Safety Act of
2004.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3094--A Bill to amend and
reenact §9-2-6 of the Code of West Virginia, 1931, as amended,
relating to requiring the Secretary of the Department of Health and
Human Services to use existing department funds to develop a
program to compensate employees for personal property loss in work
related incidents.
Referred to the Committee on Finance.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on March 1, 2011, he had approved
Enr.
Senate Bill No. 184, Enr. Committee Substitute for Senate Bill No.
200 and
Enr. Senate Bill No. 342.
The Senate proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 615 (originating in the Committee on Finance)-
-A Bill
to amend and reenact §6-7-2a of the Code of West Virginia,
1931, as amended; to amend and reenact §15-2-5 of said code; to
amend and reenact §18A-4-2, §18A-4-5 and §18A-4-8a of said code; to
amend and reenact §20-7-1c of said code; to amend and reenact §50-
1-3 of said code; to amend and reenact §51-1-10a of said code; to
amend and reenact §51-2-13 of said code; and to amend and reenact
§51-2A-6 of said code, all relating to increasing salaries for
certain public employees.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 615) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Foster, McCabe, Yost and Browning offered the
following resolution:
Senate Concurrent Resolution No. 50--
Calling on the West
Virginia Congressional Delegation to promote and protect Title X
funding.
Whereas, The West Virginia Department of Health and Human
Resources Family Planning Program is an integral part of public
health and primary prevention across the state; and
Whereas, The West Virginia Legislature finds that family
planning promotes the health of men, women and children and the
well-being of families and infants; that family planning encourages
responsible behavior; that family planning reduces unplanned and
teen pregnancy; that family planning reduces the need for abortions
and expenditures for high risk pregnancies; and, that family
planning allows pregnancies to be wanted and planned when couples
are best able to care for their new children; and
Whereas, The West Virginia Family Planning Program is
supported by federal Title X funding; and
Whereas, The West Virginia Planning Program contracts with approximately one hundred fifty-two local county health
departments, primary care and rural health centers, college and
university student health clinics, hospitals and private medical
practices to deliver clinical family planning services to eligible
individuals; and
Whereas, The West Virginia Family Planning Program annually
serves fifty-seven thousand six-hundred forty-eight West
Virginians, the vast majority of whom are living in poverty and
receive services at no-charge; and
Whereas, West Virginia received $2,445,565 in federal funds
from Title X during the 2010-2011 budget year; and
Whereas, The medical, educational and counseling services of
The West Virginia Family Planning Program clinics are broad
including male and female exams, cervical cancer screening, breast
and testicular screening, STD testing and treatment, counseling on
STD, HIV and AIDS risks, preconception counseling, pregnancy
testing and counseling, referral services, male and female birth
control and male and female sterilization services; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature calls on the West Virginia Congressional
Delegation to promote and protect Title X funding; and, be it
Further Resolved, That The West Virginia Legislature salutes
The West Virginia Family Planning Program for providing vital health services for West Virginia women, men and families; and, be
it
Further Resolved, That the Congressional Delegation from the
State of West Virginia be called upon to do all that it can in
order to promote and protect Title X funding so that such
critically important health programs in our great Mountain State
can continue to serve the needs of West Virginians.
Which, under the rules, lies over one day.
Senators Hall and Browning offered the following resolution:
Senate Concurrent Resolution No. 51--Requesting the Joint
Committee on Government and Finance to study all existing agency
rules through a cost-benefit analysis for the purpose of evaluating
the regulatory burden on business and industry in the State of West
Virginia.
Whereas, West Virginia has consistently been considered one of
the more difficult states for businesses to thrive for various
reasons; and
Whereas, One of the key reasons this state has been
consistently rated as a difficult jurisdiction for businesses is
because the state's regulatory environment is rated as one of the
most burdensome in the country for businesses; and
Whereas, This burdensome regulatory environment has had a
significant negative impact on economic development and growth in
this state; and
Whereas, If meaningful action is not taken to address this
regulatory burden, it is likely the state's economic development
and growth will continue to be impeded; and
Whereas, There must be a quality control procedure implemented
that will provide for an evaluation of the regulatory burden on
business and industry; and
Whereas, The burdensome rules must be repealed or modified in
order to improve this state's business climate and economic health;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is
requested to study all existing agency rules through a cost-benefit
analysis for the purpose of evaluating the regulatory burden on
business and industry in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested, in partnership with West Virginia
University and Marshall University, to evaluate the regulatory
burden on businesses and industries in the State of West Virginia
by performing a cost-benefit analysis of all existing agency rules
over a three-year period; and, be it
Further Resolved, That the evaluation of existing rules
through a cost-benefit analysis will include, but not be limited
to, an identification of the agency rules that: (A) Impede private-
sector job creation; (B) discourage innovation and entrepreneurial activity; (C) hurt economic growth and investment; (D) harm West
Virginia's national and global competitiveness; (E) limit access to
credit and capital; (F) fail to utilize or apply accurate cost-
benefit analyses; (G) create additional economic uncertainty; (H)
are promulgated in such a way as to limit transparency and the
opportunity for public comment, particularly by affected parties;
(I) lack specific statutory authorization; (J) undermine labor-
management relations; (K) result in large-scale unfunded mandates
on employers without due cause; and (L) impose undue paperwork and
cost burdens on small businesses; and, be it
Further Resolved, That a report detailing the analysis and
findings in impact statements be prepared by West Virginia
University and Marshall University; and, be it
Further Resolved, That the Joint Committee on Government and
Finance provide oversight to West Virginia University and Marshall
University as the universities evaluate existing rules and that the
oversight role consist of overseeing all efforts performed by West
Virginia University and Marshall University in the performance of
the cost-benefit analysis and a review of the universities' final
report detailing its findings for each agency rule; and, be it
Further Resolved, That the Joint Committee on Government and
Finance, after making any modifications and adopting the
universities' final report, as modified, provide a copy of the
report to the Legislature within four years of the adoption of this resolution together with drafts of legislation necessary to
effectuate the recommendations of the final report; and, be it
Further Resolved, That the Joint Committee on Government and
Finance, as it deliberates on draft legislation, specifically
consider proposing legislation that would set a five-year
moratorium on the adoption of new agency rules and modification of
existing rules; and, be it
Further Resolved, That the Joint Committee on Government and
Finance, as it deliberates on draft legislation, specifically
consider the feasibility and efficacy of establishing a board,
appointed by the Governor, without compensation and with use of
existing facilities and staff of the Department of Administration,
that would make recommendations to the Governor regarding the
termination or modification of agency rules based on the cost-
benefit analysis and in response to petitions received from
business and industry to terminate or modify an agency rule; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance, as it deliberates on draft legislation, consider the
feasibility and efficacy of imposing a seven-year sunset provision
on state rules promulgated after the above described moratorium has
expired and further consider the feasibility and efficacy of
requiring all new or modified agency rules to undergo a cost-
benefit analysis conducted by West Virginia University and Marshall University, with oversight by the Joint Committee on Government and
Finance, prior to promulgation; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare reports and draft necessary legislation be paid
from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Palumbo and Browning offered the following
resolution:
Senate Concurrent Resolution No. 52--Requesting the Joint
Committee on Government and Finance to study the impacts of cost
sharing, coinsurance and specialty tier pricing for prescription
medications.
Whereas, In response to increasing prescription drug costs,
many health plans and prescription drug plans have increased
enrollee cost-sharing amounts, instituted coinsurance and created
specialty tiers, resulting in increased medication costs for
patients participating in those plans; and
Whereas, The National Conference of State Legislatures reports
that between 2000 and 2009, copayments for insured workers have
increased twenty-five percent for generic drugs, eighty percent for
preferred drugs, fifty-nine percent for nonpreferred drugs and
forty-four percent for fourth-tier drugs or specialty drugs; and
Whereas, Many health plans and prescription drug plans now require individuals to pay a coinsurance or percentage of the cost
of fourth-tier or specialty tier prescription medications; and
Whereas, Fourth-tier or specialty tier medications often
include medications for chronic diseases including certain types of
cancer, hemophilia, multiple sclerosis, myositis, neuropathy,
arthritis, human immunodeficiency virus and other diseases and
disorders; and
Whereas, Coinsurance, cost-sharing and specialty tier pricing
place significant and onerous financial burdens upon insured
individuals with chronic health care issues requiring prescription
medication which, in many cases, leads to decreased adherence or
failure to take medications as prescribed and results in acute
incidents and negative health outcomes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impacts of cost sharing, coinsurance and
specialty tier pricing for prescription medications; and, be it
Further Resolved, That the Joint Committee on Government and
Finance, in conducting said study, determine the impact of cost
sharing, coinsurance and specialty tier pricing on access to
prescription medications for chronic health disorders and identify
and evaluate options for reducing any negative impacts of cost
sharing, coinsurance and specialty tier pricing including, but not
limited to, statutory limitations on cost sharing obligations for prescription medications; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2012, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Plymale, Jenkins, Foster, Unger, Prezioso, Stollings,
McCabe, Browning, Laird, Klempa, Yost and Kessler (Acting
President) offered the following resolution:
Senate Resolution No. 42--Designating March 2, 2011, as
"Marshall University Day", on the occasion of the university's 50th
Anniversary of earning university status.
Whereas, Marshall University is one of the state's premier
institutions of high learning; and
Whereas, Marshall University educates over 14,000 students at
campus locations in Huntington, Point Pleasant, South Charleston,
Beckley, Logan and Gilbert and offers degrees at the associate,
baccalaureate, master's and doctoral levels; and
Whereas, Marshall University is building a national reputation for research in biotechnology, forensic science and medicine
through its College of Science and the Joan C. Edwards School of
Medicine; and
Whereas, Marshall University is creating new, high-value job
opportunities through its research efforts and as part of West
Virginia's Research Trust Fund "Bucks for Brains" initiative; and
Whereas, With every dollar the state invests in Marshall
University, the University generates over $20 in economic benefit
to West Virginia, resulting in the generation of $1.5 billion per
year in economic impact, which has tripled since 2005; and
Whereas, A university-record 2,052 new full-time equivalent
freshman enrolled at Marshall University in fall 2010; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible
Manufacturing is providing services to all 55 state counties
providing expertise to more than 5,250 small and medium-sized
manufacturers that employ more than 81,000 individual across West
Virginia; and
Whereas, The Nick J. Rahall, II Appalachian Transportation
Institute of Marshall University is setting national standards in
transportation; and
Whereas, Marshall University's graduate program in Forensic
Science is ranked as the top program of its type in the country;
and
Whereas, Marshall University's medical and health sciences schools and departments train hundreds of West Virginians to serve
as doctors, nurses, therapists and health technicians each year;
and
Whereas, Since 1983, the West Virginia Autism Training Center
at Marshall University has provided training, information and
support to more than 2,000 West Virginia families from all 55
counties; and
Whereas, Marshall University is establishing the School of
Pharmacy, which will produce well-prepared pharmacists for the
field's evolving role in health care, will create good-paying jobs
and will generate an estimated $150 million economic impact; and
Whereas, Marshall University alumni number more than 90,000
across the globe; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 2, 2011, as "Marshall
University Day", on the occasion of the university's 50th
Anniversary of earning university status; and, be it
Further Resolved, That the Senate hereby recognizes Marshall
University for its tremendous contributions to the State of West
Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Stephen J. Kopp, President of Marshall
University.
At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
At the expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator Laird presented a petition from Pam Baker and eighteen
residents of the eleventh senatorial district, opposing Committee
Substitute for Senate Bill No.
362 (Increasing excise tax on all
tobacco products).
Referred to the Committee on Finance.
Senator Minard presented a petition from Joseph Tomblin and
one hundred fourteen West Virginia residents, opposing Committee
Substitute for Senate Bill No.
362 (Increasing excise tax on all
tobacco products).
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 49, Requesting Joint
Committee on Government and Finance study fiscal impact of making
mandatory drug testing part of regulatory program for miners.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Joint Resolution No. 11, Proposing amendment to
Constitution designated Tangible Personal Property Tax Exemption
and Rate Reduction Amendment.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Unger, the resolution was referred to the
Committee on Rules.
Eng. Com. Sub. for Senate Bill No. 15, Providing one-time
bonus to certain public employee and teacher annuitants.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Unger, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 82, Relating
to a child's right to nurse.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 82) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 231, Relating to elevator
workers' licensure exemptions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 231) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 231) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 242, Dedicating portion of
coal severance tax to county of origin.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 242 pass?"
On the passage of the bill, the yeas were: Barnes, Beach,
Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: Boley, K. Facemyer and Hall--3.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 242) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 268, Establishing driver's
license restoration program.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 268) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 277, Limiting amount
property reappraisal can increase over previous amount.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 277) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 285, Extending time frame practitioners
must write prescriptions on official tamper-resistant paper.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 285) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 307, Creating
Intermediate Court of Appeals.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Edgell, K. Facemyer, Fanning, Foster, Green, Hall,
Jenkins, McCabe, Minard, Nohe, Palumbo, Plymale, Prezioso,
Stollings, Sypolt, Tucker, Unger, Wells, Williams and Kessler
(Acting President)--24.
The nays were: Chafin, D. Facemire, Helmick, Klempa, Laird,
Miller, Snyder, Wills and Yost--9.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 307) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 373, Requiring School
Building Authority allocate and expend certain moneys for
vocational programs at comprehensive middle schools.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 373) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 373) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 391, Relating to early
in-person voting; community voting locations.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--32.
The nays were: None.
Absent: Beach and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 391) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 391--A Bill to amend and
reenact §3-3-2a of the Code of West Virginia, 1931, as amended,
relating to authorizing community voting locations; removing the
requirement that chairpersons of executive committees approve
community voting locations; requiring community voting locations to
be open a minimum of five days; requiring community voting
locations to be politically balanced or counter balanced by another
location; requiring security of election equipment and materials;
requiring the publication of community voting locations; and
providing for appeal of community voting locations to circuit
court.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Beach and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 391) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 410, Extending
alternative-fuel motor vehicle tax credit.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 410) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 410) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 424, Creating
Natural Gas Horizontal Well Control Act.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, March 1, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Barnes, the following amendment to the
bill was reported by the Clerk:
On page ten, after section one, by inserting a new section,
designated section two, to read as follows:
§22-6-2. Secretary -- Powers and duties generally; department
records open to public; inspectors.
(a) The secretary shall have as his or her duty the
supervision of the execution and enforcement of matters related to
oil and gas set out in this article and in articles eight and nine
of this chapter.
(b) The secretary is authorized to propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code necessary to effectuate
the above stated purposes.
(c) The secretary shall have full charge of the oil and gas
matters set out in this article and in articles eight and nine of
this chapter. In addition to all other powers and duties conferred
upon him or her, the secretary shall have the power and duty to:
(1) Supervise and direct the activities of the office of oil
and gas and see that the purposes set forth in subsections (a) and
(b) of this section are carried out;
(2) Employ a supervising oil and gas inspector and oil and gas
inspectors Determine the number of supervising oil and gas
inspectors and oil and gas inspectors needed to carry out the
purposes of this article and articles six-a, eight, nine, ten and
twenty-one of this chapter and appoint them as such. All
appointees shall be qualified civil service employees, but no
person is eligible for appointment until he or she has served in a
probationary status for a period of six months to the satisfaction
of the secretary;
(3) Supervise and direct such oil and gas inspectors and
supervising inspectors in the performance of their duties;
(4) Suspend for good cause any oil and gas inspector or
supervising inspector without compensation for a period not
exceeding thirty days in any calendar year Make investigations or
inspections necessary to ensure complete compliance with the
provisions of this code and enforce the provisions of this article
and articles six-a, eight, nine, ten and twenty-one of this
chapter;
(5) Prepare report forms to be used by oil and gas inspectors
or the supervising inspector inspectors in making their findings,
orders and notices, upon inspections made in accordance with this
article and articles seven, eight, nine, and ten and twenty-one of
this chapter;
(6) Employ a hearing officer and such clerks, stenographers,
and other employees as may be necessary to carry out his or her
their duties and the purposes of the office of oil and gas and fix
their compensation;
(7) Hear and determine applications made by owners, well
operators, and or coal operators for the annulment or revision of
orders made by oil and gas inspectors or the supervising
inspectors; and to make inspections, in accordance with the
provisions of this article and articles eight and nine of this
chapter;
(8) Cause a properly indexed permanent and public record to be
kept of all inspections made by the secretary or by oil and gas
inspectors or the supervising inspector inspectors;
(9) Conduct such research and studies as the secretary shall
deem deems necessary to aid in protecting the health and safety of
persons employed within or at potential or existing oil or gas
production fields within this state, to improve drilling and
production methods, and to provide for the more efficient
protection and preservation of oil and gas-bearing rock strata and
property used in connection therewith;
(10) Collect a permit fee of $400 for each permit application
filed other than an application for a deep well or a coalbed
methane well; and collect a permit fee of $650 for each permit
application filed for a deep well: Provided, That no permit
application fee shall be required when an application is submitted
solely for the plugging or replugging of a well, or to modify an
existing application for which the operator previously has
submitted a permit fee under this section. All application fees
required hereunder shall be in lieu of and not in addition to any
fees imposed under article eleven of this chapter relating to
discharges of stormwater but shall be in addition to any other fees
required by the provisions of this article: Provided, however, That
upon a final determination by the United States Environmental
Protection Agency regarding the scope of the exemption under Section 402(l)(2) of the federal Clean Water Act (33 U. S. C.
1342(l)(2)), which determination requires a "National Pollutant
Discharge Elimination System" permit for stormwater discharges from
the oil and gas operations described therein, any permit fees for
stormwater permits required under article eleven of this chapter
for such operations shall not exceed $100.
(11) Perform all other duties which are expressly imposed upon
the secretary by the provisions of this chapter;
(12) Perform all duties as the permit issuing authority for
the state in all matters pertaining to the exploration,
development, production, storage, and recovery of this state's oil
and gas;
(13) Adopt rules with respect to the issuance, denial,
retention, suspension or revocation of permits, authorizations, and
requirements of this chapter, which rules shall assure that the
rules, permits, and authorizations issued by the secretary are
adequate to satisfy the purposes of this article and articles
seven, six-a, eight, nine, and ten and twenty-one of this chapter,
particularly with respect to the consolidation of the various state
and federal programs which place permitting requirements on the
exploration, development, production, storage, and recovery of this
state's oil and gas: Provided, That notwithstanding any provisions
of this article and articles seven, eight, nine and ten of this
chapter to the contrary, the Environmental Quality Board shall have the sole authority pursuant to section three, article three,
chapter twenty-two-b to promulgate rules setting standards of water
quality applicable to waters of the state; and
(14) Perform such acts as may be necessary or appropriate to
secure to this state the benefits of federal legislation
establishing programs relating to the exploration, development,
production, storage, and recovery of this state's oil and gas,
which programs are assumable by the state.
(d) The secretary shall have authority to visit and inspect
any well or well site and any other oil or gas facility in this
state and may call for the assistance of any oil and gas inspector
or inspectors or supervising inspector whenever such assistance is
necessary in the inspection of any such well or well site or any
other oil or gas facility. Similarly, all All oil and gas
inspectors and the supervising inspector shall have authority
inspectors
are authorized to visit and inspect any well or well
site and any other oil or gas facility in this state. They shall
make all necessary surveys and inspections of oil and gas
operations required by this article and articles six-a, eight,
nine, ten and twenty-one of this chapter; administer and enforce
all oil and gas laws and rules; and perform other duties and
services as may be prescribed by the secretary. Inspectors shall
give particular attention to all conditions of each permit to
ensure complete compliance therewith. They shall note and describe all violations of this article and articles six-a, eight, nine, ten
or twenty-one of this chapter and immediately report those
violations to the secretary in writing, furnishing at the same time
a copy of the report to the operator concerned. Any well operator,
coal operator operating coal seams beneath the tract of land, or
the coal seam owner or lessee, if any, if said owner or lessee is
not yet operating said coal seams beneath said tract of land may
request the Secretary to have an immediate inspection made. The
operator or owner of every well or well site or any other oil or
gas facility shall cooperate with the Secretary, all oil and gas
inspectors and the supervising inspector in making inspections or
obtaining information.
(e) Oil and gas inspectors shall devote their full time and
undivided attention to the performance of their duties, and they
shall be responsible for the inspection of all wells or well sites
or other oil or gas facilities in their respective districts as
often as may be required in the performance of their duties.
(f) (e) All records of the office shall be open to the public.
The question being on the adoption of the amendment offered by
Senator Barnes to the bill, the same was put.
The result of the voice vote being inconclusive, Senator
Barnes demanded a division of the vote.
A standing vote being taken, there were thirteen "yeas" and
seventeen "nays".
Whereupon, Senator Kessler (Acting President) declared the
amendment offered by Senator Barnes to bill rejected.
On motion of Senator Stollings, the following amendment to the
bill (Com. Sub. for Com. Sub. for S. B. No. 424) was next reported
by the Clerk and adopted:
On page twenty, section four, line forty-five, by striking out
the word "mineral" and inserting in lieu thereof the word
"surface".
On motion of Senator Sypolt, the following amendments to the
bill (Com. Sub. for Com. Sub. for S. B. No. 424) were next reported
by the Clerk and adopted:
On page ten, after section one, by inserting two new sections,
designated sections twelve and fourteen, to read as follows:
§22-6-12. Plats prerequisite to drilling or fracturing wells;
preparation and contents; notice and information furnished to
coal operators, owners or lessees; issuance of permits;
performance bonds or securities in lieu thereof; bond
forfeiture.
(a) Before drilling for oil or gas, or before fracturing or
stimulating a well on any tract of land, the well operator shall
have a plat prepared by a licensed land professional surveyor or
registered engineer showing the district and county in which the
tract of land is located, the name and acreage of the same, the
names of the owners of adjacent tracts, the proposed or actual location of the well determined by survey, the courses and
distances of such location from two permanent points or landmarks
on said tract and the number to be given the well. In the event
the tract of land on which the said well proposed to be drilled or
fractured is located is known to be underlain by one or more coal
seams, copies of the plat shall be forwarded by registered or
certified mail to each and every coal operator operating said coal
seams beneath said tract of land, who has mapped the same and filed
such maps with the Office of Miners' Health, Safety and Training in
accordance with chapter twenty-two-a of this code and the coal seam
owner of record and lessee of record, if any, if said owner or
lessee has recorded the declaration provided in section thirty-six
of this article, and if said owner or lessee is not yet operating
said coal seams beneath said tract of land. With each of such the
plats there shall be enclosed a notice (form for which shall be
furnished on request by the secretary) addressed to the secretary
and to each such coal operator, owner and lessee, if any, at their
respective addresses, informing them that such the plat and notice
are being mailed to them respectively by registered or certified
mail, pursuant to the requirements of this article: Provided, That
the Department of Environmental Protection, with advice from the
West Virginia Board of Professional Surveyors, may promulgate rules
to govern methods of survey and information to be present on the
plats and reports related to oil and gas permit maps including, but not limited to, requiring a north arrow, tax map and parcel numbers
for surface tracts, mineral boundary lines, mineral owner name and
title reference, surface owner name and title reference, named
waterways, state highway and county numbered route numbers, and the
plat shall be drawn to a scale large enough for the information to
be legible.
(b) If no objections are made, or are found by the secretary,
to such the proposed location or proposed fracturing within fifteen
days from receipt of such plat and notice by the secretary, the
same shall be filed and become a permanent record of such the
location or fracturing subject to inspection at any time by any
interested person, and the secretary may forthwith immediately
issue to the well operator a permit reciting the filing of such the
plat, that no objections have been made by the coal operators,
owners and lessees, if any, or found thereto by the secretary, and
authorizing the well operator to drill at such the location, or to
fracture the well. Unless the secretary has objections to such the
proposed location or proposed fracturing or stimulating, such the
permit may be issued prior to before the expiration of such the
fifteen-day period upon the obtaining by the well operator of the
consent in writing of the coal operator or operators, owners and
lessees, if any, to whom copies of the plat and notice shall have
been mailed as herein required, and upon presentation of such the
written consent to the secretary. The notice above provided for may be given to the coal operator by delivering or mailing it by
registered or certified mail as above to any agent or
superintendent in actual charge of mines.
(c) A permit to drill, or to fracture or stimulate an oil or
gas well, shall may not be issued unless the application therefor
is accompanied by a bond as provided in section twenty-six of this
article.
§22-6-14. Plats prerequisite to introducing liquids or waste into
wells; preparation and contents; notice and information
furnished to coal operators, owners or lessees and director;
issuance of permits; performance bonds or security in lieu
thereof.
(a) Before drilling a well for the introduction of liquids for
the purposes provided for in section twenty-five of this article or
for the introduction of liquids for the disposal of pollutants or
the effluent therefrom on any tract of land, or before converting
an existing well for such purposes, the well operator shall have a
plat prepared by a registered engineer or licensed land
professional surveyor showing the district and county in which the
tract of land is located, the name and acreage of the same, the
names of the owners of all adjacent tracts, the proposed or actual
location of the well or wells determined by a survey, the courses
and distances of such the location from two permanent points of
land marked on said tract and the number to be given to the well, and shall forward by registered or certified mail the original and
one copy of the plat to the director. In addition, the well
operator shall provide the following information on the plat or by
way of attachment thereto to the director in the manner and form
prescribed by the director's rules: (1) The location of all wells,
abandoned or otherwise located within the area to be affected; (2)
where available, the casing records of all such those wells; (3)
where available, the drilling log of all such those wells; (4) the
maximum pressure to be introduced; (5) the geological formation
into which such that liquid or pressure is to be introduced; (6) a
general description of the liquids to be introduced; and (7) the
location of all water-bearing horizons above and below the
geological formation into which such that pressure, liquid or waste
is to be introduced; (8) such other information as the director
requires by rule: may require Provided, That the Department of
Environmental Protection, with advice from the West Virginia Board
of Professional Surveyors, may promulgate rules to govern methods
of survey and information to be present on the plats and reports
related to oil and gas permit maps including, but not limited to,
requiring a north arrow, tax map and parcel numbers for surface
tracts, mineral boundary lines, mineral owner name and title
reference, surface owner name and title reference, named waterways,
state highway and county numbered route numbers, and the plat shall
be drawn to a scale large enough for the information to be legible.
(b) In the event If the tract of land on which said the well
proposed to be drilled or converted for the purposes provided for
in this section is located is known to be underlaid with coal
seams, copies of the plat and all information required by this
section shall be forwarded by the operator by registered or
certified mail to each and every coal operator operating coal seams
beneath said the tract of land, who has mapped the same and filed
such maps with the Office of Miners' Health, Safety and Training in
accordance with chapter twenty-two-a of this code, and the coal
seam owner of record and lessee of record, if any, if said the
owner or lessee has recorded the declaration provided in section
thirty-six of this article, and if said the owner or lessee is not
yet operating said those seams beneath said the tract of land.
With each of such the plats, there shall be enclosed a notice (form
for which shall be furnished on request by the director) addressed
to the director and to each such coal operator, owner or lessee, if
any, at their respective addresses, informing them that such the
plat and notice are being mailed to them, respectively, by
registered or certified mail, pursuant to the requirements of this
section.
(c) If no objections are made by any such coal operator, owner
or lessee, or the director, such the proposed drilling or
converting of the well or wells for the purposes provided for in
this section within thirty days from the receipt of such the plat and notice by the director, the same shall be filed and become a
permanent record of such the location or well, subject to
inspection at any time by any interested person, and the director
may after public notice and opportunity to comment, issue such a
permit authorizing the well operator to drill at such the location
or convert such the existing well or wells for the purposes
provided for in this section. The notice above provided for may be
given to the coal operator by delivering or mailing it by
registered or certified mail as above to any agent or
superintendent in actual charge of the mines.
(d) A permit to drill a well or wells or convert an existing
well or wells for the purposes provided for in this section shall
may not be issued until all of the bonding provisions required by
the provisions of section twelve of this article have been fully
complied with and all such those bonding provisions shall apply to
all wells drilled or converted for the purposes provided for in
this section as if such those wells had been drilled for the
purposes provided for in section twelve of this article, except
that such the bonds shall be conditioned upon full compliance with
all laws and rules relating to the drilling of a well or the
converting of an existing well for the purposes provided for in
said section twenty-five of this article, or introducing of liquids
for the disposal of pollutants including the redrilling, deepening,
casing, plugging or abandonment of all such wells.;
And,
By striking out the enacting clause and substituting therefor
a new enacting clause, to read as follows:
That §22-6-1, §22-6-12, §22-6-14 and §22-6-36 of the Code of
West Virginia, 1931, as amended, be amended and reenacted; that
said code be amended by adding thereto a new article, designated
§22-6A-1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-
7, §22-6A-8, §22-6A-9, §22-6A-10, §22-6A-11, §22-6A-12, §22-6A-13,
§22-6A-14, §22-6A-15, §22-6A-16 and §22-6A-17; that §22C-8-2 of
said code be amended and reenacted; and that §22C-9-2 of said code
be amended and reenacted, all to read as follows:.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 424 was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 424) passed.
On motion of Senator Sypolt, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 424--A Bill
to amend and reenact §22-6-1, §22-6-12, §22-6-14 and §22-6-36 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new article, designated §22-6A-1, §22-6A-2, §22-
6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22-6A-8, §22-6A-9,
§22-6A-10, §22-6A-11, §22-6A-12, §22-6A-13, §22-6A-14, §22-6A-15,
§22-6A-16 and §22-6A-17; to amend and reenact §22C-8-2 of said
code; and to amend and reenact §22C-9-2 of said code, all relating
generally to oil and gas and oil and gas wells; defining certain
new terms and amending existing definitions of certain terms;
providing the Department of Environmental Protection in
consultation with the West Virginia Board of Professional Surveyors
with the authority to promulgate rules to govern methods of survey
and information to be present on the plats and reports related to
oil and gas permit maps; requiring notice to coal owners and
lessees of record; creating Natural Gas Horizontal Well Control
Act; providing short title; making legislative findings and
declarations of public policy; providing for application and
exemptions of new act and special considerations for karst
formations; defining terms used in said act; specifying powers and duties of Secretary of Department of Environmental Protection;
incorporating by reference certain sections of existing code
relating to oil and gas wells; requiring horizontal well permits;
requiring application for permit; specifying content of application
and required attachments; requiring posting of bond and payment of
permit fees; permitting waiver of certain requirements under
specified circumstances and for issuance of emergency permits;
providing for suspension and reinstatement of permits; providing
for appeals of certain actions of Secretary of Department of
Environmental Protection; providing for review of permit
applications and for issuance of permits; specifying operator
performance standards; providing for copies of permits to be
furnished to county assessors; requiring certificate of approval
for large impoundment construction; requiring application for
certificate; specifying content of application and required
attachments and payment of fees; providing for revocation or
suspension of certificates; requiring hearing before certificate of
approval is amended, suspended or revoked without consent of
operator; providing for administrative appeals; providing
exceptions for certain farm ponds; authorizing Secretary of
Department of Environmental Protection to propose legislative rules
for consideration by Legislature; providing for permit revocation
and bond forfeiture; requiring notice to property owners when
application for well permit is made or application for certificate of approval of impoundment is filed and providing property owners
with certain rights; requiring promulgation of certain legislative
rules for plugging and abandonment of horizontal wells; specifying
reclamation requirements; requiring performance bonds; providing
presumptions and rebuttals in water rights civil actions; imposing
certain civil and criminal penalties for certain violations and
offenses; specifying prospective application of act; preempting
local ordinances; and requiring operator to enter into certain road
maintenance agreement with Division of Highways.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 426, Requiring judge's permission before
release of juror information after trial.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 426) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 426) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 430, Filing civil petition
for expungement of certain criminal records.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 430) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 436, Continuing personal income tax
adjustment to gross income of certain retirees.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 436) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 447, Relating
to violations of school attendance requirements.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Committee Substitute for Senate Bill No. 447 pass?"
On the passage of the bill, the yeas were: Beach, Browning,
Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick,
Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills,
Yost and Kessler (Acting President)--28.
The nays were: Barnes, Boley, K. Facemyer, Jenkins and
Sypolt--5.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 447) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 484, Relating to management agreements of Higher Education Policy Commission.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 484) passed.
On motion of Senator Plymale, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 484--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3, §18B-1E-4,
§18B-1E-5, §18B-1E-6, §18B-1E-7, §18B-1E-8 and §18B-1E-9; and to
amend and reenact §18C-7-5 of said code, all relating to powers and
duties of the policy commission; authorizing creation of certain
corporations; authorizing policy commission to enter into certain
agreements and contractual arrangements; terms and conditions; legislative findings, purpose and intent; providing certain
definitions; setting forth essential criteria for certain
corporations; specifying corporation membership, organization and
financial requirements; providing for appointment of executive
director; specifying qualifications; requiring annual audit of
corporation operations; clarifying issues of conflicts of interest;
prohibiting waiver of sovereign immunity; clarifying issues of debt
obligations; requiring memorandum of agreement on research
collaboration and cooperation; specifying parties to agreement and
setting forth certain conditions; specifying certain deadlines;
requiring reports in certain instances; and clarifying approval
process for participation of certain institutions in PROMISE
scholarship program.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 484) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 492, Relating
to maximizing federal funding for state Medicaid program.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 492) passed with its
title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 492) takes effect July
1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 499,
Regulating zipline and canopy tour operations.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 499) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate recessed until 4 p.m.
today.
At the expiration of the recess, the Senate reconvened and
again proceeded to the
eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 532, Relating
to fraud and abuse in Medicaid program.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 532) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 544, Relating to municipal
policemen's and firemen's pension and relief funds.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 544) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 544) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 550, Relating generally to
gaming at licensed racetracks and historic resort hotels.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator Miller moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
On the passage of the bill,
the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: Barnes and Nohe--2.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 550) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 550--A Bill
to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §19-23-12d; to amend and reenact §29-22A-6,
§29-22A-10 and §29-22A-10c of said code; and to amend and reenact
§29-25-19 and §29-25-22 of said code, all relating to allowing
simulcast pari-mutuel racing within the confines of gaming
facilities located at historic resort hotels; defining terms;
permitting the issuing of licenses; providing for payments; setting
forth conditions for out-of-state tracks and interstate pools;
registering of persons conducting wagering activities; setting
forth the licensee's retainage; setting forth the amounts of
payments made by a licensee and to whom they are to be paid;
requiring compliance with federal law; authorizing rulemaking;
exempting pari-mutuel wagering and equipment from state sales
taxes; permitting licensees at racetracks and historic resort hotels to establish minimum and maximum wager limits at video
lottery terminals; authorizing the use of video lottery terminal
bill acceptors for all United States currency; reducing the
required life for capital investments by licensees at racetracks to
be reimbursed from the Capital Investment Fund; extending the time
for recoupment of expenditures for capital improvements; requiring
historic resort hotels to pay a portion of certain proceeds into
the Human Resources Fund; creating a Licensed Racetrack and
Historic Resort Hotel Facility Modernization Fund; and providing
that up to $10 million annually from annual surpluses in the
commission's administrative allowance be deposited into that new
fund.
Senator Unger moved that the bill take effect July 1, 2011.
On this question,
the yeas were: Beach, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Minard, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: Barnes and Nohe--2.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 550) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 553, Creating workers'
compensation insurance subsidy program for volunteer fire
departments.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 553) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 556, Relating to Water
Development Authority employees.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 556) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 560, Relating
to confidentiality of Health Care Authority's rate-setting model.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 560) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 565, Providing notice and ability to be
heard during certain hearings to person residing with victim prior
to crime.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 565) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 581, Changing beginning date for early voting;
allowing Saturday early voting.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, March 1, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
There being no amendments offered,
The bill was ordered to engrossment.
Engrossed Senate Bill No. 581 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 581) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 581) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 606, Providing funding for
parkways project along U. S. Route 35.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 606 pass?"
On this question,
the yeas were: Beach, Foster, Green,
Klempa, McCabe, Miller, Plymale, Prezioso, Snyder, Tucker, Wills
and Yost--12.
The nays were: Barnes, Boley, Browning, Chafin, Edgell, D.
Facemire, K. Facemyer, Fanning, Hall, Helmick, Jenkins, Laird, Minard, Nohe, Palumbo, Stollings, Sypolt, Unger, Wells, Williams
and Kessler (Acting President)--21.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting not
having voted in the affirmative, the Acting President declared the
bill (Eng. Com. Sub. for S. B. No. 606) rejected.
Thereafter, at the request of Senator Boley, and by unanimous
consent, the remarks by Senators K. Facemyer and Hall regarding the
passage of Engrossed Committee Substitute for Senate Bill No. 606
were ordered printed in the Appendix to the Journal.
At the request of Senator Sypolt, unanimous consent being
granted, the remarks by Senator Barnes and Browning regarding the
passage of Engrossed Committee Substitute for Senate Bill No. 606
were ordered printed in the Appendix to the Journal.
At the request of Senator Sypolt, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate again proceeded to the eighth order of business.
Senate Bill No. 608, Increasing fees for services and
documents issued by DMV.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, March 1, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Beach, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On pages nineteen through twenty-eight, by striking out all of
section ten and inserting in lieu thereof a new section ten, to
read as follows:
§17A-4-10. Salvage certificates for certain wrecked or damaged
vehicles; fee; penalty.
(a) In the event a motor vehicle is determined to be a total
loss or otherwise designated as "totaled" by any an insurance
company or insurer, and upon payment of a total loss claim to any
an insured or claimant owner for the purchase of the vehicle, the
insurance company or the insurer, as a condition of the payment,
shall require the owner to surrender the certificate of title:
Provided, That an insured or claimant owner may choose to retain
physical possession and ownership of a total loss vehicle. If the
vehicle owner chooses to retain the vehicle and the vehicle has not
been determined to be a cosmetic total loss in accordance with
subsection (d) of this section, the insurance company or insurer
shall also require the owner to surrender the vehicle registration
certificate. The term "total loss" means a motor vehicle which has
sustained damages equivalent to seventy-five percent or more of the
market value as determined by a nationally accepted used car value
guide or meets the definition of a flood-damaged vehicle as defined in this section.
(b) The insurance company or insurer shall, prior to the
payment of the total loss claim, determine if the vehicle is
repairable, cosmetically damaged or nonrepairable. Within ten days
of payment of the total loss claim, the insurance company or
insurer shall surrender the certificate of title, a copy of the
claim settlement, a completed application on a form prescribed by
the commissioner and the registration certificate if the owner has
chosen to keep the vehicle to the Division of Motor Vehicles.
(c) If the insurance company or insurer determines that the
vehicle is repairable, the division shall issue a "salvage
certificate", on a form prescribed by the commissioner, in the name
of the insurance company, or the insurer or the vehicle owner if
the owner has chosen to retain the vehicle. The certificate shall
contain, on the reverse, thereof spaces for one successive
assignment before a new certificate at an additional fee is
required. Upon the sale of the vehicle, the insurance company, or
insurer or the vehicle owner if the owner has chosen to retain the
vehicle, shall complete the assignment of ownership on the salvage
certificate and deliver it to the purchaser. The vehicle shall may
not be titled or registered for operation on the streets or
highways of this state unless there is compliance with subsection
(g) of this section. The division shall charge a fee of
fifteen
dollars $21
for each salvage title issued.
(d) If the insurance company or insurer determines the damage
to a totaled vehicle is exclusively cosmetic and no repair is
necessary in order to legally and safely operate the motor vehicle
on the roads and highways of this state, the insurance company or
insurer shall, upon payment of the claim, submit the certificate of
title to the division. Neither the insurance company nor the
division may require the vehicle owner to surrender the
registration certificate in the event of a cosmetic total loss
settlement.
(1) The division shall, without further inspection, issue a
title branded "cosmetic total loss" to the insured or claimant
owner if the insured or claimant owner wishes to retain possession
of the vehicle, in lieu of a "salvage certificate". The division
shall charge a fee of
five dollars $21
for each "cosmetic total
loss" title issued. The terms "cosmetically damaged" and "cosmetic
total loss" do not include any vehicle which has been damaged by
flood or fire. The designation "cosmetic total loss" on a title
may not be removed.
(2) If the insured or claimant owner elects not to take
possession of the vehicle and the insurance company or insurer
retains possession, the division shall issue a cosmetic total loss
salvage certificate to the insurance company or insurer. The
division shall charge a fee of
fifteen dollars $21
for each
cosmetic total loss salvage certificate issued. The division shall, upon surrender of the cosmetic total loss salvage
certificate issued under the provisions of this paragraph and
payment of the five percent
privilege tax consumers sales tax
on
the fair market value of the vehicle as determined by the
commissioner, issue a title branded "cosmetic total loss" without
further inspection.
(e) If the insurance company or insurer determines that the
damage to a totaled vehicle renders it nonrepairable, incapable of
safe operation for use on roads and highways and which has as
having no resale value except as a source of parts or scrap, the
insurance company or vehicle owner shall, in the manner prescribed
by the commissioner, request that the division issue a
nonrepairable motor vehicle certificate in lieu of a salvage
certificate. The division shall issue a nonrepairable motor
vehicle certificate without charge.
(f) Any owner who scraps, compresses, dismantles or destroys
a vehicle without further transfer or sale for which a certificate
of title, nonrepairable motor vehicle certificate or salvage
certificate has been issued shall, within twenty forty-five days,
surrender the certificate of title, nonrepairable motor vehicle
certificate, or salvage certificate to the division for
cancellation.
(g) Any person who purchases or acquires a vehicle as salvage
or scrap, to be dismantled, compressed or destroyed, shall, within twenty forty-five days, surrender the certificate
to the division.
to the division the certificate of title, nonrepairable motor
vehicle certificate, salvage certificate or a statement of
cancellation signed by the seller, on a form prescribed by the
commissioner.
Subsequent purchasers of salvage or scrap are not
required to comply with the notification requirement.
(g) (h) If the motor vehicle is a "reconstructed vehicle" as
defined in this section or section one, article one of this
chapter, it may not be titled or registered for operation until it
has been inspected by an official state inspection station and by
the Division of Motor Vehicles. Following an approved inspection,
an application for a new certificate of title may be submitted to
the division. however, The applicant shall be is required to retain
all receipts for component parts, equipment and materials used in
the reconstruction. The salvage certificate shall also be
surrendered to the division before a certificate of title may be
issued with the appropriate brand.
(h) (i) The owner or title holder of any a motor vehicle
titled in this state which has previously been branded in this
state or another state as "salvage", "reconstructed", "cosmetic
total loss", "cosmetic total loss salvage", "flood" or "fire", or
an equivalent term under another state's laws or a term consistent
with the intent of the National Motor Vehicle Title Information
System established pursuant to 49 U. S. C. §30502 shall, upon becoming aware of the brand, apply for and receive a title from the
Division of Motor Vehicles on which the brand "reconstructed",
"salvage", "cosmetic total loss", "cosmetic total loss salvage",
"flood", or "fire" or other brand is shown. The division shall
charge a fee of
five dollars $21
for each title so issued.
(i) (j) If application is made for title to a motor vehicle,
the title to which has previously been branded "reconstructed",
"salvage", "cosmetic total loss", "cosmetic total loss salvage",
"flood", or "fire" or other brand by the Division of Motor Vehicles
under this section and said application is accompanied by a title
from another state which does not carry the brand, the division
shall, before issuing the title, affix the brand "reconstructed",
"cosmetic total loss", "cosmetic total loss salvage", "flood", or
"fire" or other brand
to the title. The privilege consumers sales
tax paid on a motor vehicle titled as "reconstructed", "cosmetic
total loss", "flood", or "fire" or other brand under the provisions
of this section shall be based on fifty percent of the fair market
value of the vehicle as determined by a nationally accepted used
car value guide to be used by the commissioner.
(j) (k) The division shall charge a fee of fifteen dollars $21
for the issuance of each salvage certificate or cosmetic total loss
salvage certificate but shall not require the payment of the five
percent privilege tax consumers sales tax. However, upon
application for a certificate of title for a reconstructed, cosmetic total loss, flood or fire damaged vehicle or other brand,
the division shall collect the five percent privilege tax on the
fair market value of the vehicle as determined by the commissioner
unless the applicant is otherwise exempt from the payment of such
privilege tax. A wrecker/dismantler/rebuilder, licensed by the
division, is exempt from the payment of the five percent
privilege
tax consumers sales tax
upon titling a reconstructed vehicle. The
division shall collect a fee of
thirty-five dollars $35
per vehicle
for inspections of reconstructed vehicles. These fees shall be
deposited in a special fund created in the State Treasurer's Office
and may be expended by the division to carry out the provisions of
this article: Provided, That on and after the first day of July,
2007, any balance in the special fund and all fees collected
pursuant to this section shall be deposited in the State Road Fund.
Licensed wreckers/dismantlers/rebuilders may charge a fee not to
exceed
twenty-five dollars $25
for all vehicles owned by private
rebuilders which are inspected at the place of business of a
wrecker/dismantler/rebuilder.
(k) (l) As used in this section:
(1) "Reconstructed vehicle" means the vehicle was totaled
under the provisions of this section or by the provisions of
another state or jurisdiction and has been rebuilt in accordance
with the provisions of this section or in accordance with the
provisions of another state or jurisdiction or meets the provisions of subsection (m), section one, article one of this chapter.
(2) "Flood-damaged vehicle" means that the vehicle was
submerged in water to the extent that water entered the passenger
or trunk compartment.
(3) "Other brand" means a brand consistent with the intent of
the National Motor Vehicle Title Information System established
pursuant to 49 U. S. C. §30502 and rules promulgated by the United
States Department of Justice to alert consumers, motor vehicle
dealers or the insurance industry of the history of a vehicle.
(l) (m) Every vehicle owner shall comply with the branding
requirements for a totaled vehicle whether or not the owner
receives an insurance claim settlement for a totaled vehicle.
(m) (n) A certificate of title issued by the division for a
reconstructed vehicle shall contain markings in bold print on the
face of the title that it is for a reconstructed, flood or fire
damaged vehicle.
(n) (o) Any person who knowingly provides false or fraudulent
information to the division that is required by this section in an
application for a title, a cosmetic total loss title, a
reconstructed vehicle title or a salvage certificate or who
knowingly fails to disclose to the division information required by
this section to be included in the application or who otherwise
violates the provisions of this section shall be is guilty of a
misdemeanor and, upon conviction thereof, shall for each incident be fined not less than
one thousand dollars $1000 nor more than two
thousand five hundred dollars $2500
, or imprisoned in jail for not
more than one year, or both fined and imprisoned.
;
On pages thirty-five through forty-one, by striking out all of
section one and inserting in lieu thereof a new section one, to
read as follows:
§17B-2-1. Drivers must be licensed; types of licenses; licensees
need not obtain local government license; motorcycle driver
license; identification cards.
(a)(1) No person, except those hereinafter expressly exempted,
may drive any motor vehicle upon a street or highway in this state
or upon any subdivision street used by the public generally unless
the person has a valid driver's license issued pursuant to this
code for the type or class of vehicle being driven.
(2) Any person licensed to operate a motor vehicle pursuant to
this code may exercise the privilege thereby granted in the manner
provided in this code and, except as otherwise provided by law, is
not required to obtain any other license to exercise the privilege
by any county, municipality or local board or body having authority
to adopt local police regulations.
(b) The division, upon issuing a driver's license, shall
indicate on the license the type or general class or classes of
vehicles the licensee may operate in accordance with this code,
federal law or rule. Licenses shall be issued in different colors for those drivers under age eighteen, those drivers age eighteen to
twenty-one and adult drivers. The commissioner is authorized to
select and assign colors to the licenses of the various age groups.
(c) Driver's licenses issued by the division shall be
classified in the following manner:
(1) A Class A, B or C license shall be issued to those persons
eighteen years of age or older with two years of driving experience
who have qualified for the commercial driver's license established
by chapter seventeen-e of this code and the federal Motor Carrier
Safety and Improvement Act of 1999 and subsequent rules, and have
paid the required fee.
(2) A Class D license shall be issued to those persons
eighteen years and older with one year of driving experience who
operate motor vehicles other than those types of vehicles which
require the operator to be licensed under the provisions of chapter
seventeen-e of this code and federal law and rule and whose primary
function or employment is the transportation of persons or property
for compensation or wages and have paid the required fee. For the
purpose of regulating the operation of motor vehicles, wherever the
term "chauffeur's license" is used in this code, it shall be
construed to mean the Class A, B, C or D license described in this
section or chapter seventeen-e of this code or federal law or rule:
Provided, That anyone not required to be licensed under the
provisions of chapter seventeen-e of this code and federal law or rule and who operates a motor vehicle registered or required to be
registered as a Class A motor vehicle, as that term is defined in
section one, article ten, chapter seventeen-a of this code, with a
gross vehicle weight rating of less than eight thousand one pounds,
is not required to obtain a Class D license.
(3) A Class E license shall be issued to those persons who
have qualified for a driver's license under the provisions of this
chapter and who are not required to obtain a Class A, B, C or D
license and who have paid the required fee. The Class E license
may be endorsed under the provisions of section seven-b of this
article for motorcycle operation. The Class E or G license for any
person under the age of eighteen may also be endorsed with the
appropriate graduated driver license level in accordance with the
provisions of section three-a of this article.
(4) A Class F license shall be issued to those persons who
successfully complete the motorcycle examination procedure provided
by this chapter and have paid the required fee, but who do not
possess a Class A, B, C, D or E driver's license.
(5) A Class G driver's license or instruction permit shall be
issued to a person using bioptic telescopic lenses who has
successfully completed an approved driver training program and
complied with all other requirements of article two-b of this
chapter.
(d) All licenses issued under this section may contain information designating the licensee as a diabetic, organ donor, as
deaf or hard-of-hearing or as having any other handicap or
disability
or a person who is an honorably discharged veteran of
any branch of the armed forces of the United States
, according to
criteria established by the division, if the licensee requests this
information on the license.
(e) No person, except those hereinafter expressly exempted,
may drive any motorcycle upon a street or highway in this state or
upon any subdivision street used by the public generally unless the
person has a valid motorcycle license, a valid license which has
been endorsed under section seven-b of this article for motorcycle
operation or a valid motorcycle instruction permit.
(f) (1) An identification card may be issued to any person
who:
(A) Is a resident of this state in accordance with the
provisions of section one-a, article three, chapter seventeen-a of
this code;
(B) Has reached the age of two years. The division may also
issue an identification card to a person under the age of two years
for good cause shown;
(C) Has paid the required fee of two dollars and fifty cents
$6.50 per year: Provided, That the fee is not required if the
applicant is sixty-five years or older or is legally blind; and
(D) Presents a birth certificate or other proof of age and identity acceptable to the division with a completed application on
a form furnished by the division.
(2) The identification card shall contain the same information
as a driver's license except that the identification card shall be
clearly marked as an identification card. However, the division
may issue an identification card with less information to persons
under the age of sixteen. An identification card may be renewed
annually on application and payment of the fee required by this
section.
(A) Every identification card issued to a person who has
attained his or her twenty-first birthday shall expire on the
licensee's birthday in those years in which the licensee's age is
evenly divisible by five. Except as provided in paragraph (B) of
this subdivision, no identification card may be issued for less
than three years or for more than seven years and expires on the
licensee's birthday in those years in which the licensee's age is
evenly divisible by five.
(B) Every identification card issued to a person who has not
attained his or her twenty-first birthday shall expire thirty days
after the licensee's twenty-first birthday.
(C) Every identification card issued to persons under the age
of sixteen shall be issued for a period of two years and shall
expire on the last day of the month in which the applicant's
birthday occurs.
(3) The division may issue an identification card to an
applicant whose privilege to operate a motor vehicle has been
refused, canceled, suspended or revoked under the provisions of
this code.
(g) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than five hundred dollars $500; and upon a second or
subsequent conviction, shall be fined not more than five hundred
dollars $500 or confined in jail not more than six months, or
both.;
And,
On pages fifty-four through fifty-six, by striking out all of
section six and inserting in lieu thereof a new section six, to
read as follows:
§17B-2-6. Application for license or instruction permit; fee to
accompany application.
(a) Every application for an instruction permit or for a
driver's license shall be made upon a form furnished by the
division. Every application shall be accompanied by the proper fee
and payment of the fee shall entitle an applicant under the age of
eighteen to not more than two attempts one attempt at the written
test or not more than three attempts to pass one attempt at the
road skills test. An applicant age eighteen years or older is
entitled to not more than two attempts one attempt at the written test or not more than three attempts to pass one attempt at the
road skills test within a period of ninety days from the date of
issuance of the instruction permit per payment of the proper fee.
An applicant who fails either the written test or the road skills
test may not be tested twice within a period of one week. An
instruction permit holder is eligible for additional attempts at
passing the written test or road skills test upon payment of a fee
of $5 for each attempt.
(b) Any applicant who has not been previously licensed must
hold an instruction permit for a minimum of thirty days. For the
purposes of this section, the term "previously licensed" means an
applicant who has obtained at least a level one graduated license
or junior driver's license issued under the provisions of this
article or has obtained an equal or greater level of licensure if
previously licensed in another state.
(c) Every said application shall state the full legal name,
date of birth, sex, and residence address of the applicant and
briefly describe the applicant and shall state whether the
applicant has theretofore been a licensed driver and, if so, when,
and by what state or country and whether any such license has ever
been suspended or revoked within the five years next preceding the
date of application, or whether an application has ever been
refused and, if so, the date of and reason for the suspension,
revocation or refusal, whether the applicant desires a notation on the driver's license indicating that the applicant is an organ
donor, in accordance with article one-b of this chapter, a
diabetic, deaf, or hard of hearing, or has any other handicap or
disability
or is an honorably discharged veteran of any branch of
the armed forces of the United States
and such other pertinent
information as the commissioner may require.
The bill, as amended, was ordered to engrossment.
Engrossed Senate Bill No. 608 was then read a third time and
put upon its passage.
On the passage of the bill,
the yeas were: Beach, Browning,
Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins,
Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--26.
The nays were: Barnes, Boley, Chafin, Fanning, Helmick, Nohe
and Sypolt--7.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 608) passed.
On motion of Senator Beach, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 608--
A Bill to amend and reenact §17A-2-
13 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 of said code; to amend and reenact §17A-4-1 and
§17A-4-10 of said code; to amend and reenact §17A-4A-10 of said
code; to amend and reenact §17A-10-3, §17A-10-10 and §17A-10-11 of
said code; to amend and reenact §17B-2-1, §17B-2-3a, §17B-2-5,
§17B-2-6, §17B-2-8 and §17B-2-11 of said code; and to amend and
reenact §17D-2-2 of said code, all relating to increasing Division
of Motor Vehicles fees, veteran designation on licenses,
notification to division of
scrapped, compressed, dismantled or
destroyed
vehicles and vehicle brands; increasing the fee for
vehicle records and the certified record fee; increasing the
registration fee for Class A motor vehicles and creating two weight
classes within Class A; increasing the fee for the issuance and
duplication of various documents by the division including titles,
registrations, plates and decals; increasing the fee for recording
liens and releases; increasing the vehicle transfer fees;
increasing the fee for issuance, duplication and renewal of a
driver's license, identification card and motorcycle license;
requiring the payment of the fee for each attempt at the written
and road skills test; increasing the fee for driving records;
providing that licenses issued by the division may contain
information designating the licensee as a person who is an
honorably discharged veteran of any branch of the armed forces of
the United States in accordance with criteria established by the
division if the licensee requests this information on the license;
providing an additional means to notify the division regarding
vehicles scrapped, compressed, dismantled or destroyed and
prescribing form; and providing for the use of additional vehicle
brands used by other jurisdictions that are consistent with the
National Motor Vehicle Title Information System.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 611, Extending discount for EZ Pass
transponders to all other toll roads.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 611) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 612, Exempting certain schools and school
districts from certain statutory provisions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 612) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 613, Relating to state election code.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, March 1, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Palumbo, the following amendment to the
bill was reported by the Clerk and adopted:
On pages thirty-four through thirty-eight, by striking out all
of section three and inserting in lieu thereof a new section three,
to read as follows:
§3-3-3. Early voting in person.
(a) The voting period for early in-person voting is to be
conducted during regular business hours beginning on the twentieth
thirteenth day before the election and continuing through the third
day before the election. For any election held on a Tuesday, the
The early voting period for in-person voting is to be available
from 9:00 a.m. to 5:00 p.m. on the two Saturdays prior to the
election.
(b) Any person desiring to vote during the period of early in-
person voting shall, upon entering the election room, clearly state
his or her name and residence to the official or representative
designated to supervise and conduct absentee early in-person
voting. If that person is found to be duly registered as a voter
in the precinct of his or her residence, he or she shall be is
required to sign his or her name in the space marked "signature of
voter" on the pollbook, or the voter's mark is duly witnessed. If
the voter is unable to sign his or her name due to illiteracy or
physical disability, the person assisting the voter and witnessing
the mark of the voter shall sign his or her name in the space
provided. No ballot may be given to the person until he or she
signs his or her name on the pollbook.
(c) When the voter's signature or mark is properly on the
pollbook, two qualified representatives of the official designated
to supervise and conduct absentee voting shall sign their names in
the places indicated on the back of the official ballot: Provided,
That this requirement is waived if the ballot is provided
electronically.
(d) If the official designated to supervise and conduct
absentee voting determines that the voter is not properly
registered in the precinct where he or she resides, the clerk or
his or her representative shall challenge the voter's absentee
ballot as provided in this article.
(e) The official designated to supervise and conduct absentee
voting shall provide each person voting an absentee ballot in
person the following items to be printed as prescribed by the
Secretary of State:
(1) In counties using paper ballots, one of each type of
official absentee ballot the voter is eligible to vote, prepared
according to law;
(2) In counties using punch card systems, one of each type of
official absentee ballot the voter is eligible to vote, prepared
according to law, and a gray secrecy envelope;
(3) (2) In counties using optical scan systems, one of each
type of official absentee ballot the voter is eligible to vote,
prepared according to law, and a secrecy sleeve; or
(4) (3) For direct recording election systems, access to the
voting equipment in the voting booth.
(f) The voter shall enter the voting booth alone and there
mark the ballot: Provided, That the voter may have assistance in
voting according to the provisions of section four of this article.
After the voter has voted the ballot or ballots, the absentee voter
shall: Place the ballot or ballots in the gray secrecy envelope
and return the ballot or ballots to the official designated to
supervise and conduct the absentee voting: Provided, however, That
in direct recording election systems, once the voter has cast his
or her ballot, the voter shall exit the polling place.
(g) Upon receipt of the voted ballot, representatives of the
official designated to supervise and conduct the absentee voting
shall:
(1) Remove the ballot stub;
(2) Place punch card ballots and paper ballots into one
envelope which shall not have any marks except the precinct number
and seal the envelope;
(3) Place ballots for all voting systems into a ballot box
that is secured by two locks with a key to one lock kept by the
president of the county commission and a key to the other lock kept
by the county clerk;
(4) Due to the reenactment of this section by the Legislature
in the two thousand three regular session removing authorization for early in-person voting on the Monday prior to a Tuesday
election, to assure notice to all persons that voted on the Monday
before the Tuesday election day of the two thousand two general
election are made aware of this change, the clerk of each county
shall, for the primary election of the year two thousand four,
include along with the sample ballots published in local newspapers
as required by this chapter a notice to voters that Monday in-
person voting will no longer be available.
The bill, as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 613 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 613) passed.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 613--A Bill
to repeal §3-3-3a of the Code
of West Virginia, 1931, as amended; to amend and reenact §3-1-9,
§3-1-21, §3-1-31, §3-1-34, §3-1-35 and §3-1-50 of said code; to
amend and reenact §3-3-1, §3-3-2, §3-3-2b, §3-3-3, §3-3-4, §3-3-5,
§3-3-5a, §3-3-5b and §3-3-6 of said code; to amend and reenact §3-
5-7,§3-5-13a, §3-5-21, §3-5-23 and §3-5-24 of said code; to amend
and reenact §3-6-4a of said code; to amend and reenact §3-8-1a and
§3-8-5a of said code; to amend and reenact §3-9-6 of said code; to
amend and reenact §8-5-14 of said code; and to amend and reenact
§59-3-3 of said code, all relating to the state election code;
eliminating obsolete and outdated language; reducing the days for
early voting in person from twenty to thirteen; allowing Saturday
early voting in all elections; clarifying that candidates must be
a member of political party for sixty days prior to filing;
clarifying the authority for persons to lawfully assist voters;
bringing state law into compliance with federal requirements;
clarifying persons eligible to receive absentee ballots; providing
that independent and unaffiliated voters may receive party ballots
if party allows participation in the primary; requiring all health-
related information provided in connection with absentee voting is
protected under the Health Insurance Portability and Accountability
Act of 1996; waiving certain witness requirements if ballot
provided electronically; clarifying current municipal election
polling hours of operation; authorizing absentee ballot applications may be completed by handwriting or typing; clarifying
procedures for federal postcard registration and absentee ballot
requests; providing for federal write-in absentee ballots; revising
ballot requirements relating to independent voters; providing that
county clerk will submit ballot information to the Secretary of
State after random drawing for ballot position; providing that
offices filled by voters of more than one county must file
certificate of announcement with the Secretary of State; providing
certificates of announcement of every office to be submitted no
later than the forty-ninth day before the election; providing
definitions; clarifying persons who may be present during election;
and clarifying penalties.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 613) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 614, Permitting specific law-enforcement
officials access to certain confidential pharmaceutical
information.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 614) passed.
The following amendment to the title of the bill, from the
Committee on Health and Human Resources, was reported by the Clerk
and adopted:
Eng. Senate Bill No. 614--A Bill to
amend and reenact §60A-9-5
of the Code of West Virginia, 1931, as amended, relating to
controlled substances monitoring generally; permitting specific law-enforcement officials who are members of federally affiliated
drug task forces access to certain confidential pharmaceutical
information to identify unusual prescription drug behavior;
requiring the State Board of Pharmacy to issue reports to certain
law-enforcement officials, licensing authorities and prescribers
that identify abnormal prescription practices; establishing an
advisory committee to recommend the parameters of abnormal
prescribing patterns and to recommend other actions that could
reduce the amount of misuse of prescription drugs; establishing a
felony offense for misusing information from the controlled
substance database; requiring the Board of Pharmacy to implement a
real-time database when available and when resources permit;
requiring implementation of the parameters of abnormal prescribing
patterns shall be contingent on available funding; requiring a
report to the Legislative Oversight Commission on Health and Human
Resources Accountability; granting rule-making authority; and
providing immunity to prescribing practitioners for certain
reporting based on review of patient specific information contained
in the controlled substances monitoring database.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill No. 15, Providing one-time bonus to certain public employee and teacher annuitants.
On third reading, coming up in deferred order, was again
reported by the Clerk.
At the request of Senator Unger, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's second reading calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 350, Creating
all-payer claims database.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senator Unger moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Beach, Browning, Edgell,
D. Facemire, Fanning, Foster, Green, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--25.
The nays were: Barnes, Boley, Chafin, K. Facemyer, Hall,
Helmick, Nohe and Sypolt--8.
Absent: Tomblin (Mr. President)--1.
So, less than four fifths of the members present and voting
having voted in the affirmative, the Acting President declared the
motion to suspend the constitutional rule rejected.
Com. Sub. for Senate Bill No. 535, Providing drivers' licenses
designating licensee as honorably discharged veteran.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Unger, the bill was recommitted to the
Committee on Transportation and Infrastructure.
Com. Sub. for Senate Bill No. 539, Increasing cities in which
certain police chiefs are entitled to reinstatement.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senator Unger moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Beach, Browning, Edgell,
D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Klempa,
Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--26.
The nays were: Barnes, Boley, Chafin, K. Facemyer, Hall, Nohe
and Sypolt--7.
Absent: Tomblin (Mr. President)--1.
So, less than four fifths of the members present and voting
having voted in the affirmative, the Acting President declared the
motion to suspend the constitutional rule rejected.
Com. Sub. for Senate Bill No. 569, Relating to increasing maximum homeowners' associations' fees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Beach,
Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Barnes, Boley, K. Facemyer, Hall, Nohe and
Sypolt--6.
Absent: Tomblin (Mr. President)--1.
Engrossed Committee Substitute for Senate Bill No. 569 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 569) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 570, Creating Volunteer for
Nonprofit Youth Organizations Act.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Stollings, the following amendments to
the bill were reported by the Clerk, considered simultaneously, and
adopted:
On page seven, section four, line nineteen, after the words
"Not dispense a" by inserting the words "Schedule II or";
And,
On page nine, section four, line fifty-seven, after the words
"Not dispense a" by inserting the words "Schedule II or".
The bill, as amended, was ordered to engrossment and third
reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Engrossed Committee Substitute for Senate Bill No. 570 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 570) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3145, Providing a one-time
bonus to certain annuitants of the Public Employees Retirement
System and the State Teachers Retirement System.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Prezioso, the following amendment to the
bill was reported by the Clerk and adopted:
By
striking out everything after the enacting section and
inserting in lieu thereof the provisions of Engrossed Committee
Substitute for Senate Bill No. 15.
The bill, as amended, was ordered to third reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
3145) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 3145) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill No. 15, Providing one-time
bonus to certain public employee and teacher annuitants.
On third reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the
Committee on Finance.
At the request of Senator Plymale, unanimous consent being
granted, the Senate returned to the sixth order of business, which
agenda includes the making of main motions.
On motion of Senator Plymale, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 484, Relating to management agreements of Higher Education Policy Commission.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered the vote
by which it adopted Senator Unger's motion that Engrossed Committee
Substitute for Senate Bill No. 484 take effect from passage.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Unger's
motion that the bill take effect from passage.
Thereafter, at the request of Senator Unger, and by unanimous
consent, his foregoing motion was withdrawn.
On motion of Senator Plymale, the Senate reconsidered its
action by which it adopted Senator Plymale's amendment to the title
of the bill (shown in the Senate Journal of today, pages 51 and
52).
The question again bing on the adoption of Senator Plymale's
amendment to the title of the bill.
Thereafter, at the request of Senator Plymale, unanimous
consent being granted, Senator Plymale's amendment to the title of
the bill was withdrawn.
On motion of Senator Plymale, the following substitute
amendment to the title of the bill was reported by the Clerk and
adopted:
Eng. Com. Sub. for Senate Bill No. 484--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3, §18B-1E-4,
§18B-1E-5, §18B-1E-6, §18B-1E-7, §18B-1E-8 and §18B-1E-9; and to
amend and reenact §18C-7-5 of said code, all relating to powers and
duties of the policy commission; authorizing creation of certain
corporations;
authorizing policy commission to enter into certain
agreements and contractual arrangements; terms and conditions;
legislative findings, purpose and intent; providing certain
definitions;
setting forth essential criteria for certain
corporations; specifying corporation membership, organization and
financial requirements;
providing for appointment of executive
director; specifying qualifications; requiring annual audit of
corporation operations; clarifying issues of conflicts of interest;
prohibiting waiver of sovereign immunity; clarifying issues of debt
obligations;
requiring memorandum of agreement on research
collaboration and cooperation; specifying parties to agreement and
setting forth certain conditions; specifying certain deadlines;
requiring reports in certain instances; and clarifying approval
process for participation of certain institutions in PROMISE
scholarship program.
The bill, as just amended, was then read a third time and put
upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 484) passed with its Senate amended
title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 484) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 616 (originating in the Committee on Finance)-
-A Bill
to amend and reenact §5-16-5 of the Code of West Virginia,
1931
, as amended; to amend and reenact §5-16D-1, §5-16D-2 and §5-
16D-6 of said code; to amend and reenact §11-10-5d of said code;
and to amend and reenact
§18-9A-24 of said code, all relating to
other post-employment benefits generally; prohibiting Public
Employees Insurance Agency Finance Board from including in the
financial plans any subsidy for the cost of coverage for retired
employees who were hired on or after July 1, 2010; capping the
amount the finance board may include in the financial plans as
subsidy for the cost of coverage for retired employees who were
hired before July 1, 2010, at $160 million; escalating the funding;
converting to a per member, per month equivalent; requiring the
identification of a funding source; defining "contractually
required contribution"; authorizing the finance board to set
minimum annual required contribution below annual required
contribution; specifying that each participating government entity
is required to remit annual contractual obligation; authorizing the
Tax Commissioner to disclose certain return information to the Public Employees Insurance Agency to determine total income for
premium calculation; specifying that the foundation allowance for
Public Employees Insurance Fund shall be paid directly to the West
Virginia Retiree Health Benefit Trust Fund and each county board
shall reflect its share of the payment as revenue on its financial
statements to offset the applicable portion of its annual
contractually required contribution expense; and providing that any
amount of annual contractually required contribution allocated to
and billed county boards of education for certain employees is a
liability of the state until fully paid.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 616) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
The bill (S. B. No. 616) was read a second time.
On motion of Senator McCabe, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page five, section five, lines fourteen and fifteen, by
striking out the words "one percent" and inserting in lieu thereof
"1.2%";
And,
On page fifteen, section two, line four, by striking out the
word "monies" and inserting in lieu thereof the words "no less than
$50,000,000".
The bill, as amended, was ordered to engrossment and third
reading.
Engrossed Senate Bill No. 616 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 616) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 616) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being
granted, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Unger, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 550, Relating generally to
gaming at licensed racetracks and historic resort hotels.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered the vote
by which it adopted Senator Unger's motion that Engrossed Committee
Substitute for Senate Bill No. 550 take effect July 1, 2011.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Unger's
motion that the bill take effect July 1, 2011.
Thereafter, at the request of Senator Unger, and by unanimous
consent, his foregoing motion was withdrawn.
On motion of Senator Unger, the Senate reconsidered its action
by which it adopted the Finance committee amendment to the title of
the bill (shown in the Senate Journal of today, pages 58 through
60, inclusive).
The question again bing on the adoption of the Finance
committee amendment to the title of the bill.
Thereafter, at the request of Senator Prezioso, as chair of
the Committee on Finance, and by unanimous consent, the Finance
committee amendment to the title of the bill was withdrawn.
On motion of Senator Unger, the Senate reconsidered the vote
as to the passage of the bill.
The vote thereon having been reconsidered,
Prior to the call of the roll, Senator Miller moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
The question again being on the passage of the bill, the yeas
were: Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--28.
The nays were: Barnes, Boley, Nohe and Sypolt--4.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 550) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 550--A Bill
to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §19-23-12d; to amend and reenact §29-22A-6,
§29-22A-10 and §29-22A-10c of said code; and to amend and reenact §29-25-19 and §29-25-22 of said code, all relating to allowing
simulcast pari-mutuel racing within the confines of gaming
facilities located at historic resort hotels; defining terms;
permitting the issuing of licenses; providing for payments; setting
forth conditions for out-of-state tracks and interstate pools;
registering of persons conducting wagering activities; setting
forth the licensee's retainage; setting forth the amounts of
payments made by a licensee and to whom they are to be paid;
requiring compliance with federal law; authorizing rulemaking;
exempting pari-mutuel wagering and equipment from state sales
taxes; permitting licensees at racetracks and historic resort
hotels to establish minimum and maximum wager limits at video
lottery terminals; authorizing the use of video lottery terminal
bill acceptors for all United States currency; reducing the
required life for capital investments by licensees at racetracks to
be reimbursed from the Capital Investment Fund; extending the time
for recoupment of expenditures for capital improvements; requiring
historic resort hotels to pay a portion of certain proceeds into
the Human Resources Fund; creating a Licensed Racetrack and
Historic Resort Hotel Facility Modernization Fund; and providing
that up to $10 million annually from annual surpluses in the
commission's administrative allowance be deposited into that new
fund.
Senator Unger moved that the bill take effect July 1, 2011.
On this question,
the yeas were: Beach, Browning, Chafin,
Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills,
Yost and Kessler (Acting President)--28.
The nays were: Barnes, Boley, Nohe and Sypolt--4.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 550) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator McCabe.
The Senate proceeded to the thirteenth order of business.
At the request of Senator K. Facemyer, the name of Senator K.
Facemyer was removed as a sponsor of Engrossed Senate Bill No. 608
(Increasing fees for services and documents issued by DMV).
On motion of Senator Unger, a leave of absence for the day was
granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, March 3, 2011, at 11 a.m.
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