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Senate Journal



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sdj-55th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

FIFTY-FIFTH DAY

____________

Charleston, W. Va., Monday, March 7, 2011

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

Prayer was offered by the Reverend Father John Patrick Mulcahy, Holy Spirit Catholic Church, Monongah, West Virginia, and St. Anthony Catholic Church, Fairmont, West Virginia.
Pending the reading of the Journal of Friday, March 4, 2011,
On motion of Senator Yost, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 60, Authorizing probation officers' supervision of sex offenders pending availability of multijudicial officer.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 61, Relating generally to juvenile drug courts.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 216, Modifying definition "imminent danger to physical well-being of a child".
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On pages seven and eight, section three, lines one hundred twenty-nine through one hundred thirty-four, by striking out all of paragraph (H) and inserting in lieu thereof a new paragraph (H), to read as follows:
(H) The parent, guardian or custodian's abuse of alcohol, or drugs or other controlled substance as defined in section one hundred one, article one, chapter sixty-a of this code, has impaired his or her parenting skills to a degree as to pose an imminent risk to a child's health or safety.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 216, as amended by the House of Delegates, was then 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 elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 216) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 256, Requiring sex offenders verify e-mail and online identities.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, section ten, line fifteen, by striking out the word "one-a" and inserting in lieu thereof the word "two";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 256--A Bill to amend and reenact §15-12-10 of the Code of West Virginia, 1931, as amended, relating to requiring sex offenders to verify information to the State Police; and expanding information to be provided, including online information.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 256, as amended by the House of Delegates, was then 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 elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 256) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 358, Authorizing electronic registration of wildlife.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 392, Changing definition of "accredited thoroughbred horse".
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 486, Creating WVU-Tech Revitalization Project.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1E. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY REVITALIZATION PROJECT.

§18B-1E-1. Definitions.

When used in this article the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) "Center of excellence" means an academic program or group of programs located within a particular state institution, division or branch campus that is addressed in the institution's compact and recognized by the institution, its governing board, administrators, faculty and staff as having gained a significant degree of regional or national acclaim for high quality and public service.
(b) "Chancellor" means the chief executive officer employed by the commission.
(c) "Governing board" means the board of governors for West Virginia University established pursuant to section one, article two-a of this chapter.
(d) "LOCEA" means the Legislative Oversight Commission on Education Accountability established pursuant to section eleven, article three-a, chapter twenty-nine-a of this code.
(e) "Revitalization plan" means the implementation process developed pursuant to section three of this article.
(f) "Revitalization project" means the entire process undertaken to further the goals of this article including the research, study, revitalization plan development and implementation designed to assist WVU-Tech to reach its full potential as a center of excellence and positive force for economic development and cultural enrichment in the state.
(g) "STEM" mean areas of study in science, technology, engineering and mathematics.
(h) "WV-CURE" means the task force created pursuant to section three, article one-c of this chapter.
(i) "WV-CURE report" means the findings and recommendations contained in the final document submitted to the Legislature pursuant to section three, article one-c of this chapter.
(j) "WVU-Tech" means West Virginia University Institute of Technology, a division of West Virginia University.
§18B-1E-2. Legislative purpose, findings and intent.

(a) The purpose of this article is to focus attention on West Virginia University Institute of Technology to honor the institution's history of excellence and service to the region and the state, to identify its unique role and contributions to higher education and to create and implement the revitalization plan that not only will be used to assist this institution to reach its full potential of service to the citizens of West Virginia, but also may serve as a model that can be replicated at other state institutions of higher education.
(b) Findings. --
(1) WVU-Tech has a distinguished history of more than a hundred years of service, growth and change, but, in addition to the positive advancements, the institution also has dealt with internal conflict and external controversy initiated by multiple changes in policy direction, governance structure and mission. It was founded in 1895 as a preparatory school of West Virginia University and since that time, has functioned as a trade school, a junior college, a free-standing baccalaureate institution and a regional campus of West Virginia University. In 2007, it became a fully integrated division of West Virginia University.
(2) The many changes of name, mission, governance structure and affiliation, together with its location in the heart of the southern coal fields, assure the institution a unique place in the state system of higher education. The institution continues to provide vital education opportunities to the mostly rural population which comprise its primary service clientele.
(3) Both its traditional strength and its unique opportunity for future growth and service lie in its focus on STEM education, particularly in undergraduate engineering and technology, in which it has been a leader for nearly sixty years.
(4) The student-centered programs, combined with small classes and individualized instruction, provide undergraduates with opportunities for hands-on research and cooperative work experiences that usually are available only to graduate students.
(5) The Legislature further finds the following regarding the state system of higher education:
(A) Retention and graduation rates at the state institutions of higher education are a major source of concern for state policymakers.
(i) The average retention rate for the state system as a whole, calculated from the fall semester in 2008 to the fall semester of 2009, the most recent period for which data are available, is seventy-three percent. Twenty-seven students out of every one hundred who were enrolled in a state institution of higher education in 2008 did not return for the fall semester in 2009.
(ii) On average, of the students who entered four-year state institutions of higher education as first-time freshmen in 2004, only forty percent had graduated six years later.
(iii) Within these statewide averages there are significant variations among both institutions and disciplines, particularly in the disciplines emphasizing STEM education. Retention rates range from a high of eighty-two percent to a low of fifty-five percent. Six-year graduation rates fall between a high of fifty-nine percent and a low of fifteen percent.
(B) According to the WV-CURE report submitted by WV-CURE in 2008, West Virginia faces many of the same challenges in preparing and recruiting STEM professionals as the rest of the country, but in addition has unique challenges related to its population demographics and geography.
(C) Due to its unique history and geographical location, WVU- Tech provides the ideal laboratory in which to develop a successful model to address these challenges through the revitalization plan created pursuant to section three of this article.
(c) Legislative intent. -
(1) It is the intent of the Legislature in establishing the revitalization project to encourage WVU-Tech to build upon its tradition of high-quality, student-centered STEM education, to assist the institution to reach its full potential as a center of excellence and a positive force for economic development and cultural enrichment within the community and state, to implement certain recommendations from the WV-CURE report and to create a successful policy model that state decision makers may employ in other areas where state institutions of higher education struggle to overcome similar problems. The revitalization project shall serve as a laboratory in which to identify problems, research solutions and implement those programs and procedures that best meet the intent of this article.
(2) It is further the intent of the Legislature to promote institutional stability at WVU-Tech by keeping the governance structure of the institution unchanged until the report required in section four of this article is received in 2014. Throughout the WVU-Tech revitalization process, the governing board retains statutory control of the institution. Except for authority otherwise granted by statute, this article extends the commission's authority only to those items identified in the revitalization plan and funded by legislative appropriation therefor.
§18B-1E-3. Revitalization project and plan; Plan approval required.

(a) There is hereby created the Revitalization Project for WVU-Tech under the direction of the commission. The project includes a study and development of a revitalization plan designed to meet the goals and intent of this article.
(b) On the effective date of this section, the commission shall initiate a study and draw upon the expertise of groups both internal and external to West Virginia to take advantage of the services of national organizations specializing in institutional renewal. The commission shall bear the costs of the study.
(c) The study shall include, but is not limited to, the following thematic areas:
(1) Exploring new academic programs that meet emerging industry needs in West Virginia;
(2) Developing distance education and adult-targeted degree and programmatic offerings, with particular attention to avoiding costly program duplication;
(3) Examining marketing and recruiting strategies at the institution;
(4) Reviewing nonacademic programs and auxiliary operations, focused upon efficiencies and strategic development;
(5) Reviewing fiscal and operating procedures, emphasizing initiatives through which the institution can reduce annual operating costs and maximize all available revenues;
(6) Evaluating all institutionally affiliated groups, including the alumni association, the WVU-Tech Foundation and all other institutionally affiliated organizations which are exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, stressing revitalization of these entities; and
(7) Reviewing and assessing the capital infrastructure of the institution.
(d) The study also shall include consideration of the following recommendations drawn from the WV-CURE report:
(1) Creating and maintaining a forum for meaningful interaction between and among the K-12 and professional communities to define better the needs of the STEM stakeholders at each level of the education and early career process. The forum may help to ensure smoother transitions for students at each step and thereby increase student retention and graduation rates. A cooperative approach with the public schools in the institution's service area may serve as means to increase students' interest and familiarize them with the STEM programs WVU-Tech offers;
(2) Preparing students for the future by enhancing student design/capstone experiences to include undergraduate research at an earlier point in the baccalaureate curriculum thereby expanding the focus on opportunities for advanced studies and providing students with enhanced critical thinking and learning skills to adapt to an environment of rapidly changing technologies;
(3) Stimulating interest of young people in training and careers in engineering and related disciplines by involving the professional and business communities in a more visible and engaged manner;
(4) Diversifying the types of students who pursue STEM education and careers by developing strategic initiatives focused on recruiting and retaining traditionally under-represented groups;
(5) Pursuing the goals set forth in section three, article one-c of this chapter to increase West Virginia's capacity for high quality engineering instruction and research; increase access to high quality instruction and research opportunities in STEM disciplines; and stimulate economic development by increasing the number of professional engineers available to business and industry;
(6) Exploring opportunities for collaborations between institutions to increase the access to high quality programs while reducing the overall expenditure per student in high cost disciplines; and
(7) Developing more electronic classrooms, online programs and other technology-driven teaching/learning facilities in order to pool resources among the engineering institutions, reach students who are place-bound or who live in rural areas distant from the institution's campus and avoid expensive program duplication.
(e) Based upon the research and findings of the study, the Chancellor shall coordinate the development of a revitalization plan to implement the purpose and intent of this article. The revitalization plan shall serve to guide the distribution of all funds appropriated by the Legislature and targeted to the Revitalization Project. The revitalization plan shall include, but is not limited to, the following elements:
(1) Providing clear and guiding recommendations for the revitalization of WVU-Tech;
(2) Recommending a process for establishing WVU-Tech as a center of excellence in STEM education with particular emphasis on undergraduate engineering and technology, areas in which the institution has earned a high degree of regional and national recognition for excellence. The purpose of the center of excellence is to enable the institution to concentrate its resources on providing state-of-the-art post-secondary education opportunities in a limited number of areas in which the institution excels. The center of excellence approach promotes effective teaching and learning through education, training, research and information dissemination. All parties involved in identifying and developing the center of excellence bring to the partnership their special expertise of strategic importance to the program and, ultimately, to the citizens of West Virginia;
(3) Benchmarks in the following areas:
(A) Enrollment;
(B) Retention and graduation;
(C) Capital improvements and building renovations/demolitions;
(D) Athletics, auxiliaries, and other nonacademic units;
(E) Fundraising and alumni development;
(F) Academic restructure and program development;
(G) Marketing and outreach;
(H) Remedial and developmental education;
(I) Innovative academic initiatives that can be piloted at WVU-Tech with the opportunity for diffusion across the systems of higher education;
(J) Transfer and articulation partnerships with other institutions in the state systems of higher education; and
(K) Grants, contracts, and externally sponsored research; and
(4) A process whereby WVU-Tech may request and receive moneys from the pool of appropriated funds.
(f) The findings, conclusions and recommendations of the study, together with the revitalization plan for implementation, shall be reported to the commission and the governing board by September 1, 2011. The revitalization plan shall be delivered to LOCEA no later than September 1, 2011, and LOCEA shall consider the proposed plan and approve or disapprove by September 30, 2011.
§18B-1E-4. Plan implementation; legislative intent; oversight; reporting.

(a) The legislative findings set forth in section two of this article demonstrate the unique historical role that WVU-Tech has played as a vital component of the state's higher education system. In order for the institution to move forward and realize its full potential, its future must be supported by a financial commitment from the state. Therefore, as funds are available, it is the intent of the Legislature to make appropriations to the commission to support the revitalization project at WVU-Tech.
(b) Appropriated funds may be expended under the direction of the Chancellor for the purposes set forth in this article and in the revitalization plan approved by LOCEA.
(c) The purposes for which the moneys may be used include, but are not limited to, development costs for new programs, student outreach initiatives, demolition of certain facilities, and renovation of campus infrastructure or other items designed to support existing students and attract new students.
(d) By December 1, 2012, and annually thereafter until all appropriated funds have been expended, the Chancellor shall report to LOCEA on the allocation of funds. Additionally, the Chancellor shall provide regular updates to LOCEA, as necessary or requested, to keep members informed of the progress made in implementing the purposes and intent of this article and the components of the revitalization plan.
(e) By May 1, 2014, the commission and governing board shall provide to LOCEA a detailed summary of all revitalization project activities undertaken to date. This report also shall include recommendations for alterations to the revitalization plan and the goals of the revitalization project and may include recommended options for governance changes including independent status for the institution.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 486, as amended by the House of Delegates, was then 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 elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 486) 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. 486) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2011, of
Eng. Com. Sub. for Senate Bill No. 582, Relating to seals of notaries and commissioners.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the adoption as amended, of
House Concurrent Resolution No. 39, The "Justin Frye Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the adoption as amended, of
House Concurrent Resolution No. 40, The "Joseph Homer Lloyd Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the adoption as amended, of
House Concurrent Resolution No. 42, The "PFC William A. Lawrence Memorial Bridge".
The Senate proceeded to the fourth order of business.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
House Concurrent Resolution No. 14, The "Senator Don Caruth Memorial Road".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
House Concurrent Resolution No. 103, The "Lt. Ronnie D. Ferrell Memorial Bridge".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
The Senate proceeded to the sixth order of business.
Senators Plymale, Stollings and Yost offered the following resolution:
Senate Concurrent Resolution No. 55--Requesting the Division of Highways to name a stretch of highway on state route 35 from the mouth of Sweetwater Branch to Gourd Branch, in Wayne County, the "Perry Brothers Memorial Highway".
Whereas, Clarence, Raymond, Curtis, Clyde, Glen, Woodrow and James Perry are brothers, all of whom served in the United States Navy; and
Whereas, Clarence, Raymond, Curtis, Clyde and Glen Perry all served in the Pacific during World War II, while Woodrow served stateside; and
Whereas, James served from 1950 to 1954, on a ship that was stationed all around the world; and
Whereas, Four of the Perry brothers returned to civilian life, two retired from the Navy, three became school teachers, one was a federal mine inspector and one a heavy mine equipment operator; and
Whereas, While Clarence, Raymond, Curtis, Clyde, Glen and James Perry have passed on, Woodrow continues to live; and
Whereas, It is fitting and proper, to recognize Clarence, Raymond, Curtis, Clyde, Glen, Woodrow and James Perry for their dedicated service to their country, state and communities by naming this highway in their honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a stretch of highway on state route 35 from the mouth of Sweetwater Branch to Gourd Branch, in Wayne County, the "Perry Brothers Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the "Perry Brothers Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Woodrow Perry.
Which, under the rules, lies over one day.
Senators Plymale, Stollings and Yost offered the following resolution:
Senate Concurrent Resolution No. 56--Requesting the Division of Highways to name a stretch of highway on State Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, the "Crum Brothers Memorial Highway".
Whereas, Nelon, John, Hubert and Hobert Crum are brothers, all of whom fought for their country in World War II; and
Whereas, Nelon Crum was born February 8, 1917, entered the service on December 9, 1942, and served in the Pacific Theater fighting against the Japanese; and
Whereas, John Crum was born October 15, 1914, and enter the service on March 25, 1942 and served in the Pacific Theater until January 26, 1946; and
Whereas, Hubert and Hobert Crum were twins, born on May 29, 1923, and entered the service on April 15, 1943, and fought in the European Theater fighting the Germans; and
Whereas, Nelon, John, Hubert and Hobert Crum all returned home after the war to lead productive lives, become family men and help their neighbors when in need; and
Whereas, While Nelon, John and Hubert have passed on, Hobert continues to serve his community; and
Whereas, Hobert Crum served as Chairman of the Cabwaylingo Forest Foundation for five years; and
Whereas, Hobert Crum voluntarily built three of the Forest Picnic Shelters and a basketball court; and
Whereas, The Crum brothers have built many burial caskets for families who could not afford them and aided in digging more than 100 graves; and
Whereas, It is fitting and proper, for their dedicated public service to their country, state and community, that this highway be named to memorialize the lives of the Crum brothers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a stretch of highway on State Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, the "Crum Brothers Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the "Crum Brothers Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Hobert Crum.
Which, under the rules, lies over one day.
Senators Wells, McCabe, Foster, Unger, Prezioso, Stollings, Browning and Klempa offered the following resolution:
Senate Resolution No. 44--Designating the week of March 6-12, 2011, as National Problem Gambling Awareness Week in West Virginia.
Whereas, On behalf of the citizens of West Virginia, the Senate joins the West Virginia Council on Problem Gambling and the Problem Gamblers Help Network of West Virginia in promoting March 6-12, 2011, as National Problem Gambling Awareness Week in West Virginia; and
Whereas, Promoting the awareness week provides individuals in the problem gambling community an opportunity to educate the public and policymakers about the social and financial effectiveness of services available for problem gambling; and
Whereas, Problem gambling is a public health issue affecting millions of Americans of all ages, races and ethnic backgrounds in all communities and which has a significant societal and economic cost; and
Whereas, Problem gambling is treatable and treatment is effective in minimizing the harm to both individuals and society as a whole; and
Whereas, Numerous individuals, professionals and organizations have dedicated their efforts to the education of the public about problem gambling and the availability and effectiveness of treatment; and
Whereas, The Senate, the West Virginia Council on Problem Gambling and the Problem Gamblers Help Network of West Virginia invite all residents of West Virginia to participate in National Problem Gambling Awareness Week; therefore, be it
Resolved by the Senate:
That the Senate hereby designates the week of March 6-12, 2011, as National Problem Gambling Awareness Week in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Council on Problem Gambling and the Problem Gamblers Help Network of West Virginia.
At the request of Senator Unger, 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.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Palumbo, Foster, Unger, Kessler (Acting President), Wells, Plymale, Prezioso, McCabe, Stollings, Browning, Laird, Green, Yost, Williams and Klempa offered the following resolution:
Senate Resolution No. 45--Designating the month of March, 2011, as "American Red Cross Month".
Whereas, The American Red Cross was founded in 1881 and chartered by Congress in 1905; and
Whereas, The American Red Cross is recognized as a humanitarian organization which provides compassionate care in times of war and disaster; and
Whereas, The American Red Cross depends on the support of the American people to sustain the Red Cross mission; and
Whereas, In 2009, more than a thousand Red Cross volunteers from West Virginia responded to more than 870 disasters statewide, including devastating flooding in Mingo, Logan and Raleigh Counties, assisted 2,100 military families through a wide variety of support programs, and trained more than 70 thousand people in lifesaving courses such as CPR, First Aid and Water Safety; and
Whereas, The American Red Cross collects more than 67,000 pints of life-giving blood from generous West Virginia donors; and
Whereas, The American Red Cross could not provide its vital services without contributions from the American people; therefore, be it
Resolved by the Senate:
That the Senate hereby designates the month of March, 2011, as "American Red Cross Month"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the American Red Cross.
At the request of Senator Unger, 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.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Browning, Foster, Kessler (Acting President), Wells, Plymale, Prezioso, McCabe, Stollings, Yost and Williams offered the following resolution:
Senate Resolution No. 46--Recognizing the Republic of China (Taiwan), on the occasion of its 100th anniversary.
Whereas, August 4, 2011, will mark the 31st anniversary of a sister-state relationship between West Virginia and Taiwan; and
Whereas, This year marks the 100th anniversary of the founding of the Republic of China (Taiwan); and
Whereas, For the past 31 years, the sister-state relationship with Taiwan has been strengthened through the efforts of the Taipei Economic and Cultural Representative Office resulting in better mutual understanding; and
Whereas, The Republic of China (Taiwan), with a population of 23 million, has endeavored to improve cross-Strait relations since President Ma Ying-Jeou came to power in 2008, and it is encouraging that 5 rounds of talks have been held and 15 agreements have been signed between Taiwan and mainland China since then; and
Whereas, The cross-Strait Economic Cooperation Framework Agreement (ECFA), signed on June 29, 2010, can serve as an effective platform for cross-Strait interactions and contribute to normalization of trade and economic relations between Taiwan and mainland China; and
Whereas, The UN's World Health Organization (WHO) invited Taiwan to attend the World Health Assembly in 2009 and 2010 as an observer, setting precedents for Taiwan's meaningful participation in the UN's specialized agencies; and
Whereas, Taiwan's absence from the international organizations dealing with climate change like the United Nations Framework Convention on Climate Change has impeded Taiwan's ability to respond to natural disasters like Typhoon Morakot, which struck Taiwan in the summer of 2009; and
Whereas, The Taoyuan International Airport is a key air transport hub in the Asia- Pacific region, ranked the world's 15th largest by cargo volume in 2008, and 365,000 Americans traveled to Taiwan for business and leisure during 2009, consolidating aviation safety and regulation in Taiwan also a priority for Americans' safety and best interests; given Taiwan's prominent role in regional air control and transport services like meaningful participating in the International Civil Aviation Organization (ICAO), it would be beneficial for Taiwan, to safeguard the traveling of passengers from home and abroad; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Republic of China (Taiwan), on the occasion of its 100th anniversary; and, be it
Further Resolved, That the Senate affirms its support for West Virginia's sister-state relationship with Taiwan; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives from the Republic of China (Taiwan).
At the request of Senator Unger, 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.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

Senator Barnes presented a petition from Susie Lambert and numerous West Virginia residents, requesting reopening of Island Campground to all forms of camping.
Referred to the Committee on Natural Resources.
At the request of Senator Unger, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 57 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance study the implementation of a standardized highway signage program to direct visitors to unique, tourist-oriented businesses in rural West Virginia.
Whereas, Economic impact from direct travel spending in West Virginia totaled $4.38 billion in 2008; and
Whereas, In 2008, travel spending directly supported 44,000 jobs in West Virginia; and
Whereas, Millions of travel-related dollars are generated annually in every West Virginia county (from $1.3 million to $729.3 million); and
Whereas, West Virginia's landscape, culture and history present a tourism development opportunity in every county; and
Whereas, West Virginia tourism generated 14 million overnight visitors and 40 million day-trip visitors in 2008; and
Whereas, West Virginia is situated within a day's drive of a large proportion of the United States population; and
Whereas, The tourism industry serves as West Virginia's front-line representatives to the traveling public; and
Whereas, Outdoor recreation pursuits in West Virginia far outpace the national average; and
Whereas, Cultural and heritage tourism pursuits outpace the national average; and
Whereas, Tourism attractions and activities positively contribute to the quality of life for West Virginians; and
Whereas, Tourism attractions and activities therefore attract businesses to West Virginia; and
Whereas, Unique, tourist-oriented businesses located in rural areas of West Virginia provide cultural, historical, recreational, agricultural, educational, entertainment or commercial activities, services and products to the general public; and
Whereas, Many of these rural, unique, tourist-oriented businesses derive a majority of their income from highway users residing outside the immediate area of the business; and
Whereas, Visitors to West Virginia would benefit from a standardized highway signage program specifically designed for tourism to direct visitors to rural, unique, tourist-oriented businesses and those businesses would benefit the same; and
Whereas, Because the continuing growth and development of West Virginia's rural tourism economy is of major concern to all our citizens, it is in the best interest of the State of West Virginia to implement a plan to develop a standardized highway signage program to direct visitors to rural, unique, tourist-oriented businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the implementation of a standardized highway signage program to direct visitors to rural, unique, tourist- oriented businesses; 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.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
On motion of Senator Beach, the resolution (S. C. R. No. 57) contained in the foregoing report from the Committee on Transportation and Infrastructure was then referred to the Committee on Rules.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Concurrent Resolution No. 58 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance to study the advisability of establishing an Economic Diversification Permanent Fund using revenue collected from mineral severance taxes.
Whereas, A severance tax permanent fund can convert depleting natural resources into a source of support for sustainable economic diversification for West Virginia communities today and in the future; and
Whereas, In its bond rating process, Moody's Investor Services recently identified West Virginia's above average concentration of economic in the natural resource industry as a weakness; and
Whereas, As severance tax permanent fund can help to regulate the fluctuations of West Virginia's natural resource economy's boom-bust cycle; and
Whereas, Other natural resource-rich states including New Mexico, Wyoming, Colorado, Alaska and Montana successfully enacted legislation in the 1970s and 1980s to establish severance tax permanent funds; and
Whereas, These states have created funds with principle endowments ranging in size from more than $37 billion in Alaska to approximately $800 million in Montana; and
Whereas, Through investment of these funds according to the "prudent investor rule" has earned investment income available for growing the fund and inflation-proofing it; and
Whereas, The above-named states have also used investment earnings from such permanent severance tax trust funds to finance state education, infrastructure repair, dividend payments to taxpayers, economic development, and general fund expenditures; and
Whereas, The principle of severance tax permanent funds represents a state asset that could potentially strengthen West Virginia's bond rating; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on the advisability of establishing an Economic Diversification Permanent Fund; 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.
And,
Senate Concurrent Resolution No. 59 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance study whether the state should increase funding to the Matching Advertising Partnership Program.
Whereas, The Matching Advertising Partnership Program (MAPP) was created in 1995 by the Legislature to promote tourism and the image of West Virginia using 3 percent of the net income from video lottery; and
Whereas, MAPP is a 50 percent reimbursement of tourism promotions made only after all cancelled checks have been submitted to show 100 percent of funds spent; and
Whereas, During the 2004 legislative session, the Legislature removed $15,000,000 in surplus funding for various projects and reduced the 3 percent income from video lottery to 1.375 percent; and
Whereas, During the 2006 legislative session, the Legislature required that $4,700,000 be set aside from the MAPP fund every year for the Courtesy Patrol; and
Whereas, The unintended consequence of these Legislative actions is that the fund is no longer sufficient to provide 50 percent reimbursements to applicants; and
Whereas, From fiscal year 2000 to fiscal year 2008, tourism spending in West Virginia increased by $2 billion and employed an additional 9,000 people; and
Whereas, From fiscal year 2000 to fiscal year 2008 local and state tourism tax revenue increased by $294.1 million; and
Whereas, The eight year return on investment of the state providing 50 percent MAPP funding is 1,776 percent since 2001 or an annual rate of return of 222 percent; and
Whereas, During the 2010 legislative session, the Legislature authorized $1 million of the unused excess funds set aside for the Courtesy patrol to be used for additional MAPP funding; and
Whereas, Increasing the amount of money available for MAPP funding would increase tourism revenues in the state and increase the amount of jobs created by tourism; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study of whether the state should increase the amount of funding for the Matching Advertising Partnership Program; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012 on its findings, conclusions and recommendations together with drafts of any legislation 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.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Richard Browning,
Chair.
On motion of Senator Browning, the resolutions (S. C. R. Nos. 58 and 59) contained in the foregoing report from the Committee on Economic Development were then referred to the Committee on Rules.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Resolution No. 47 (originating in the Committee on Economic Development)--Supporting legislation introduced by Senator Rockefeller and Senator Manchin restricting the power of the United States Environmental Protection Agency.
Whereas, The United States Environmental Protection Agency has previously threatened to begin regulating carbon dioxide emissions and methane standards under the Clean Air Act beginning in 2011; and
Whereas, The regulation of carbon dioxide emissions and methane emissions by the EPA could result in the loss of jobs in the State of West Virginia; and
Whereas, The EPA refuses to provide enough time for the development of certain clean coal technologies prior to their attempt to regulate carbon dioxide emissions and methane emissions; and
Whereas, The West Virginia Senate does not agree that the EPA has the authority to regulate carbon dioxide emissions and methane emissions without guidance from the United States Congress; and
Whereas, Senator Rockefeller with the support of Senator Manchin has introduced legislation entitled the EPA Stationary Source Regulations Suspensions Act in the United States Senate suspending the ability of the EPA to take regulatory actions on carbon dioxide and methane for two years; and
Whereas, The EPA has heretofore announced its intentions of vetoing the Spruce Mine Section 404 permit and advanced proceedings to carry through with its veto intentions; and
Whereas, The EPA in its veto has failed to provide guidance on correcting the Spruce Mine Section 404 permit; and
Whereas, The permit veto issued by the U.S. Environmental Protection Agency will certainly result in the loss of jobs and investments at Spruce Mine Company in Logan County, West Virginia and will have a major impact, not only to Logan County, West Virginia, but will further impact the financial stability of the State of West Virginia in an unstable economy; and
Whereas, The West Virginia Senate does not agree that the EPA has the authority to retroactively veto a Section 404 permit; and
Whereas, Senator Manchin has announced that he intends to introduce legislation in the United States Senate clarifying that the EPA does not have the authority to veto a previously awarded Section 404 permit; and
Whereas, The US EPA has placed mandates on the amount of nutrients allowed in the Chesapeake Bay by using a computer model, the accuracy of which is in question rather than actual water testing or other science based information placing an unnecessary and expensive burden on West Virginia's waste water treatment plants, farms and business that are located in the Chesapeake Bay drainage area, therefore, be it
Resolved by the Senate:
That the Senate hereby supports and endorses the EPA Stationary Source Regulations Suspensions Act introduced by Senator Rockefeller with the support of Senator Manchin and urges the members of the West Virginia Delegation to the Congress and the President of the United States to take all actions necessary to ensure the timely passage of such legislation; and, be it
Further Resolved, That the Senate hereby supports and endorses the legislation Senator Manchin has announced he will introduce clarifying that the EPA does not have the authority to veto a previously awarded Section 404 permit and urges the members of the West Virginia Delegation to the Congress and the President of the United States to take all actions necessary to ensure the timely passage of such legislation; and, be it
Further Resolved, That the Senate expresses the sentiment that mining in West Virginia can be done safely, efficiently and profitably while protecting the water and air quality of the State; and, be it
Further Resolved, That the Senate supports the use of science based data to determine the amount of nutrients and sediment attributable to West Virginia as part of the reduction plan used to improve the Chesapeake Bay; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the members of the West Virginia Delegation to the Congress of the United States and the President of the United States.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Richard Browning,
Chair.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 615, Increasing salaries for certain public employees.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was referred to the Committee on Rules.
Eng. House Bill No. 2708, Removing a twelve-month limitation for certain agreements between or among law-enforcement agencies.
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. H. B. No. 2708) 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. 2879,
Providing a one-time, nonbase building, supplemental salary increase for all eligible state 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: 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.

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. 2879) passed.
On motion of Senator Prezioso, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2879--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.
Senator Unger moved that the bill take effect from passage.
On this question,
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.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2879) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2438, Bringing older contradicting language still remaining in the code into conformity with §3-2-5 and reestablishing a definition for "independent voter".
On second reading, coming up in regular order, was read a second time.
At the request of Senator Palumbo, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the bill was withdrawn.
On motion of Senator Palumbo, the following amendment to the bill was next reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §3-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §3-4A-9 and §3-4A-20 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-2. Scope of chapter; definitions.

Unless restricted by the context, the provisions of this chapter shall apply to every general, primary and special election in which candidates are nominated or elected or in which voters pass upon any public question submitted to them, except that the provisions hereof shall be construed to be operative in municipal elections only in those instances in which they are made expressly so applicable.
Unless the context clearly requires a different meaning, as herein used:
"Voter" shall mean means any person who possesses the statutory and Constitutional qualifications for voting;
"Independent" means a registered voter who declined to state a preference for party affiliation on their voter registration or who listed a party affiliation which is not qualified as a political party as defined in section eight, article one of this chapter.
"Election" shall mean means the procedures whereby the voters of this state or any subdivision thereof elect persons to fill public offices, or elect members of a Constitutional convention, or vote on public questions;
"Any election" or "all elections" shall include means every general, primary or special election held in this state, or in any of its subdivisions, for the purpose of nominating or electing federal or state officers, or county, city, town or village officers of any subdivision now existing or hereafter created, or for the purpose of electing members of a Constitutional convention, or for voting upon any public question submitted to the people of the state or any of the aforesaid subdivisions;
"Office" shall be construed to mean or "public office" which shall include means: (1) Any elective office provided for by the Constitution or laws of the United States or of this state to which a salary or other compensation attaches; and or (2) membership in a Constitutional convention.
"Candidate" shall mean means any person to be voted for at an election;
"Public question" shall mean means any issue or proposition, now or hereafter required by the governing body of this state or any of its subdivisions to be submitted to the voters of the state or subdivision for decision at elections;
The term "minor" as used in article four, section one of the State Constitution and as used in this chapter shall mean means a person who has not become eighteen years of age.

ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-9. Minimum requirements of electronic voting systems.
An electronic voting system of particular make and design may not be approved by the State Election Commission or be purchased, leased or used by any county commission unless it meets the following requirements:
(1) It secures or ensures the voter absolute secrecy in the act of voting or, at the voter's election, provides for open voting;
(2) It is constructed to ensure that no person, except in instances of open voting as provided in this section, can see or know for whom any the contents of a ballot may not be seen or known by anyone other than the voter who has voted or is voting;
(3) It permits each voter to vote at any election for all persons and offices for whom and which he or she is lawfully entitled to vote, whether or not the name of any person appears on a ballot or ballot label as a candidate; and it permits each voter to vote for as many persons for an office as he or she is lawfully entitled to vote for; and to vote for or against any question upon which he or she is lawfully entitled to vote. The automatic tabulating equipment used in electronic voting systems is to reject choices recorded on any ballot if the number of choices exceeds the number to which a voter is entitled;
(4) It permits each voter to deposit, write in, affix upon a ballot, card, envelope or other medium to be provided for that purpose, ballots containing the names of persons for whom he or she desires to vote whose names do not appear upon the ballots or ballot labels;
(5) It permits each voter to change his or her vote for any candidate and upon any question appearing upon the ballots or ballot labels up to the time when his or her ballot is deposited in the ballot box or his or her ballot is cast by electronic means;
(6) It contains a program deck consisting of cards that are sequentially numbered or consisting of a computer program disk, diskette, tape or other programming media containing sequentially numbered program instructions and coded or otherwise protected from tampering or substitution of the media or program instructions by of unauthorized persons and capable of tabulating all votes cast in each election;
(7) It contains two standard validation test decks approved as to form and testing capabilities by the State Election Commission;
(8) It correctly records and counts accurately all votes cast each for the candidate and for and against each question appearing upon the ballots or ballot labels;
(9) It permits each voter at any election, other than a primary elections by one mark or punch election, to vote a straight party ticket, as provided in section five, article six of this chapter, by one mark or punch;
(10) It permits each a voter in a primary elections election to: (A) vote only for the candidates of the party for which he or she the voter is legally permitted to vote; (B) vote for the candidates, if any, for nonpartisan nominations or election; and (C) vote on public questions; and precludes him or her the voter from voting for any candidate seeking nomination by any other political party permits him or her to vote for the candidates, if any, for nonpartisan nomination or election and permits him or her to vote on public questions unless that political party has determined that the voter may participate in its primary election;
(11) It, where applicable, is provided with means for sealing or electronically securing the vote recording device to prevent its use and to prevent tampering with ballot labels, both before the polls are open or before the operation of the vote recording device for an election is begun and immediately after the polls are closed of after the operation of the vote recording device for an election is completed;
(12) It has the capacity to contain the names of candidates constituting the tickets of at least nine political parties and accommodates the wording of at least fifteen questions;
(13) (A) Direct recording electronic voting machines must generate a paper copy of each voter's votes vote that will be automatically kept within a storage container, that is locked, closely attached to the direct recording electronic voting machine, and inaccessible to all but authorized voting officials, who will handle such storage containers and such paper copies contained therein in accordance with section nineteen of this article.
(B) The paper copy of the voter's vote shall be generated at the time the voter is at the voting station using the direct recording electronic voting machine.
(C) The voter may examine the paper copy visually or through headphone readout, and may accept or reject the printed copy.
(D) The voter may not touch, handle or manipulate the printed copy manually in any way.
(E) Once the printed copy of the voter's votes is accepted by the voter as correctly reflecting the voter's intent, but not before, it will automatically be stored for recounts or random checks and the electronic vote will be cast within the computer mechanism of the direct recording electronic voting machine.
(F) Direct recording electronic voting machines with a mandatory paper copy shall be approved by the Secretary of State. The Secretary of State may promulgate rules and emergency rules to implement or enforce this subsection pursuant to the provisions of section five, article three, chapter twenty-nine-a of this code.
(14) Where vote recording devices are used, they shall:
(A) Be durably constructed of material of good quality and in a workmanlike manner and in a form which makes it safely transportable;
(B) Be constructed with frames for the placing of ballot labels that the labels upon which are printed the names of candidates and their respective parties, titles of offices office and wording of questions are reasonably protected from mutilation, disfigurement or disarrangement or are constructed to ensure that the screens upon which appear the names of the candidates and their respective parties, titles of offices and wording of questions are reasonably protected any from modification;
(C) (B) Bear a number that will identify it or distinguish it from any other machine;
(D) (C) Be constructed to ensure that a voter may easily learn the method of operating it and may expeditiously cast his or her vote for all candidates of his or her choice and upon any public question;
(E) (D) Be accompanied by a mechanically or electronically operated instruction model which shows the arrangement of ballot labels, party columns or rows, and questions;
(F) (15) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch:
(A) Be constructed to provide for the direct electronic recording and tabulating of votes cast in a system specifically designed and engineered for the election application;
(G) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch,
(B) Be constructed to prevent any voter from voting for more than the allowable number of candidates for any office, to include an audible or visual signal, or both, warning any voter who attempts to vote for more than the allowable number of candidates for any office or who attempts to cast his or her ballot prior to its completion and are constructed to include a visual or audible confirmation, or both, to the voter upon completion and casting of the ballot;
(H) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch,
(C) Be constructed to present the entire ballot to the voter, in a series of sequential pages, and to ensure that the voter sees all of the ballot options on all pages before completing his or her vote and to allow the voter to review and change all ballot choices prior to completing and casting his or her ballot;
(I) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch,
(D) Be constructed to allow election commissioners to spoil a ballot where a voter fails to properly cast his or her ballot, has departed the polling place and cannot be recalled by a poll clerk to complete his or her ballot;
(J) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch,
(E) Be constructed to allow election commissioners, poll clerks, or both, to designate, mark or otherwise record provisional ballots;
(K) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch,
(F) Consist of devices which are independent, nonnetworked voting systems in which each vote is recorded and retained within each device's internal nonvolatile electronic memory and contain an internal security, the absence of which prevents substitution of any other device;
(L) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch,
(G) Store each vote in no fewer than three separate, independent, nonvolatile electronic memory components and that each device contains comprehensive diagnostics to ensure that failures do not go undetected;
(M) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch,
(H) Contain a unique, embedded internal serial number for auditing purposes for each device used to activate, retain and record votes;
(N) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch,
(I) Be constructed to record all preelection, election and post-election activities, including all ballot images and system anomalies, in each device's internal electronic memory and are to be accessible in electronic or printed form;
(O) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch,
(J) Be constructed with a battery backup system in each device to, at a minimum, prevent the loss of any votes, as well as all preelection, election and post-election activities, including all ballot images and system anomalies, stored in the device's internal electronic memory and to allow voting to continue for two hours of uninterrupted operation in case of an electrical power failure; and
(P) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of
(K) Be constructed to prevent the loss of any votes, as well as all preelection, election and post-election activities, including all ballot images and system anomalies, stored in each device's internal electronic memory even in case of an electrical and battery power failure.
§3-4A-20. Non-affiliated voters in primary elections.

If at any primary elections, nonpartisan candidates for office and public questions are submitted to the voters on which persons registered as "independent" are entitled to vote, as provided in section eighteen article two of this chapter, the Unless voter not affiliated with a party, is permitted to participate in the primary election of a political party, the following provisions apply to voters, not affiliated with a party, in primary elections that include non-partisan candidates or public questions:
(1) Election officers shall provide a vote recording device, where applicable, or the appropriate ballot to be marked by an electronically sensible pen or ink, or by means of a stylus or by means of touch, or by other electronic means, so that independent voters not affiliated with a party may vote only those portions of the ballot relating to the nonpartisan candidates and the public questions submitted, or shall provide a ballot containing only provisions for voting for those candidates and upon those issues submitted common to the ballots provided to all voters regardless of political party affiliation, or both.
(2) In counties utilizing electronic voting systems in which votes are recorded by perforating, if vote recording devices are not available for the independent voters not affiliated with a party, provisions are to be made for sealing the partisan section or sections of the ballot or ballot labels on a vote recording device using temporary seals, thus permitting the independent voter not affiliated with a party to vote for the nonpartisan section or sections of the ballot or ballot labels.
(3) After the independent a voter not affiliated with a party has voted, the temporary seals may be removed and the device may then be used by partisan voters.
The bill (Eng. Com. Sub. for H. B. No. 2438), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2479, Relating to dental anesthesia.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
On pages twenty-eight and twenty-nine, section eight, by striking out all of subsection (b) and inserting in lieu thereof a new subsection (b), to read as follows:
(b) A dentist utilizing a licensed dentist who holds a current anesthesia permit issued by the Board shall have his or her office inspected to the level of the permit held by the anesthesia permit holder. The office is only approved at that level when the anesthesia permit holder is present and shall have the number of qualified monitors present as required by this article.
The bill (Eng. Com. Sub. for H. B. No. 2479), as amended, was then ordered to third reading.

Eng. Com. Sub. for House Bill No. 2522, Relating to nursing home administrative appeals.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2525, Relating to the practice of social work.
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 ten, section six, line seventeen, after the word "required" by inserting the word "supervision";
On page eleven, section six, line thirty, by striking out the word "rescinded" and inserting in lieu thereof the word "repealed";
On page nineteen, section twelve, line thirty-nine, after the word "rules" by changing the period to a semicolon;
On page twenty-two, section fifteen, line seven, after the word "supervision" by changing the period to a semicolon;
On page twenty-two, section fifteen, line twelve, after the word "populations" by changing the period to a semicolon;
On page twenty-two, section fifteen, line seventeen, after the word "issues" by changing the period to a semicolon;
On page twenty-two, section fifteen, line twenty, after the word "level" by changing the period to a semicolon and inserting the word "and";
On page twenty-four, section sixteen, line fifteen, after the word "employment" by changing the period to a semicolon;
On page twenty-four, section sixteen, line eighteen, after the word "applicant" by changing the period to a semicolon;
On page twenty-five, section seventeen, line one, by striking out "(a)";
On page twenty-six, section seventeen, line eleven, after the word "functioning" by changing the period to a semicolon;
On page twenty-six, section seventeen, line fourteen, after the word "systems" by changing the period to a semicolon;
On page twenty-six, section seventeen, line seventeen, after the word "pyschotherapy" by changing the period to a semicolon;
On page twenty-six, section seventeen, line twenty-one, after the word "adaptation" by changing the period to a semicolon;
On page twenty-six, section seventeen, line twenty-six, after the word "care" by changing the period to a semicolon;
On page twenty-six, section seventeen, line twenty-seven, after the word "services" by changing the period to a semicolon and inserting the word "and";
On page twenty-seven, section eighteen, line five, after the word "licensed" by changing the period to a semicolon;
On page thirty-one, section twenty-four, line four, by striking out the word "the" and inserting in lieu thereof the word "this";
And,
On page thirty-two, section twenty-four, line thirty-six, by striking out the word "the" and inserting in lieu thereof the word "this".
The bill (Eng. Com. Sub. for H. B. No. 2525), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2532, Zipline Responsibility Act.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Palumbo, 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 Committee Substitute for Senate Bill No. 499.
The bill (Eng. Com. Sub. for H. B. No. 2532), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2586, Authorizing the Department of Transportation to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2626, Authorizing the Department of Commerce to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Palumbo, the following amendment to the bill was reported by the Clerk and adopted:
On page six, section three, line twenty-nine, after "5.1(f)'" by changing the period to a semicolon and inserting the following:
And,
On page eight, subsection 7.3, by striking out "25-5" and inserting in lieu thereof "25-4".
The bill (Eng. Com. Sub. for H. B. No. 2626), as amended, was then ordered to third reading.
Eng. House Bill No. 2648, Increasing the faculty senate allotment for classroom teachers and librarians.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2697, Updating the recordkeeping requirements of municipalities.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2750, Adding consideration of sexual assault in issuing an order to temporarily or permanently end a parent-child relationship.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2765, Relating to the retirement plans administered by the West Virginia Consolidated Public Retirement Board.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2766, Relating to contribution rate for the Deputy Sheriff Retirement System.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2871, Relating to brownfield economic development districts.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Economic Development, was reported by the Clerk:
On page three, section six-a, line thirty-one, by striking out the word "An" and inserting in lieu thereof the words "Beginning July 1, 2011, an".
Prior to the call of the roll, Senator Snyder moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motion prevailed.
The question being on the adoption of Economic Development committee amendment to the bill, the same was put and prevailed.
The bill (Eng. H. B. No. 2871), as amended, was then ordered to third reading.
Eng. House Bill No. 2935, Repealing an outdated article of election code relating to voting systems.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2939, Clarifying the definition of compensation for purposes of calculating required contributions to the public employees retirement system.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2989, Creating a process by which the West Virginia Racing Commission may grant stay requests.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page six, section sixteen, line ninety-four, after the word "decision" by inserting the words "that meets the requirements of this subsection".
The bill (Eng. H. B. No. 2989), as amended, was then ordered to third reading.
Eng. House Bill No. 2990, Changing the renewal of Racing Commission-issued occupational permits.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3064, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page twenty-seven, line four hundred eighty-six, by striking out "$100.00" and inserting in lieu thereof "$174.60".
The bill (Eng. Com. Sub. for H. B. No. 3064), as amended, was then ordered to third reading.
Eng. House Bill No. 3114, Allowing the development and operation of a nursing home on the grounds of a critical access hospital meeting certain restrictions.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3205, Reducing jail sentence for successful completion of education and rehabilitation programs.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§31-20-5d. Good time credit.
(a) Any person convicted of a criminal offense and sentenced to confinement in a regional jail is to be granted reduction of his or her sentence for good conduct in accordance with this section.
(b) The reduction of sentence or good time is to be deducted from the fixed term of determinate sentences. An inmate under two or more consecutive sentences is allowed good time as if the several sentences, when the maximum terms thereof are added together, were all one sentence.
(c) Every inmate sentenced to a regional jail for a term of confinement exceeding six months who, in the judgment of the administrator of the regional jail facility, faithfully complies with all rules of the regional jail during his or her term of confinement is entitled to a deduction of five days from each month of his or her sentence. No inmate may be granted any good time under the provisions of this section for time spent on bond or for time served on parole or in any other status in which he or she is not physically incarcerated.
(d) Each inmate sentenced to a term of confinement in a regional jail facility who participates in a general equivalency diploma program is to be granted three days of good time for the completion of each educational literacy level, as demonstrated by achieving a passing score on standardized tests required by the department of education, and ten days of good time for completion of the requirements for a general equivalency diploma or high school diploma.
(e) Each inmate sentenced to a term of confinement in a regional jail in excess of six months shall be granted one day five days of good time for successful completion of for each of the following rehabilitation programs: Domestic violence, parenting, substance abuse, life skills, alcohol abuse, and anger management or any special rehabilitation or educational program designated by the executive director. A maximum of five thirty days good time shall be granted for successful completion of five all six programs. The fee for each class is $25 which is due upon enrollment. If an inmate is unable to pay a fee or fees in full at the time of enrollment, it may be paid by deductions from his or her inmate trust account, subject to the provisions of subsection (f), section thirty-one of this article. No more than one-half of the amount in the inmate trust account during any one week period may be so deducted.
(f) The administrator of a regional jail facility may, with the approval of the Governor, allow extra good time for inmates who perform exceptional work or service.
(g) The Regional Jail and Correctional Facility Authority shall promulgate disciplinary rules for the regional jail facilities. The rules are to describe prohibited acts, procedures for charging individual inmates for violations of the rules and for determining the guilt or innocence of inmates charged with the violations, and sanctions that may be imposed for the violations. For each violation by an inmate, any part or all of the good time that has been granted to the inmate may be forfeited and revoked by the administrator of the regional jail facility. The administrator, when appropriate and with approval of the executive director may restore any good time forfeited for a violation of the rules promulgated or adopted pursuant to this subsection.
(h) Each inmate sentenced to a term of confinement in a regional jail in excess of six months shall, within seventy-two hours of being received into a regional jail, be given a copy of the disciplinary rules, a statement setting forth the term or length of his or her sentence or sentences, and the time of his or her minimum discharge.

The bill (Eng. Com. Sub. for H. B. No. 3205), as amended, was then ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Senate Bill No. 617, Making supplementary appropriation of federal funds to Department of Education and Arts and DHHR.
Senate Bill No. 618, Making appropriation from State Road Fund to DOT.
Senate Bill No. 619, Making supplementary appropriation of unappropriated moneys to various accounts.
Eng. Com. Sub. for House Bill No. 2520, Relating to centers for housing young adult offenders.
Eng. Com. Sub. for House Bill No. 2555, Establishing the offense of operating a motor vehicle while sending, reading or receiving a text message.
Eng. Com. Sub. for House Bill No. 2818, Increasing the allowable expense that may be paid for the clean-up of real property damage by a meth lab.
Eng. Com. Sub. for House Bill No. 2876, Expanding eligibility for subsidies to enrollees in the model health plan.
And,
Eng. House Bill No. 2971, Relating to the definition of the term "durable medical equipment".
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules and a majority party caucus,
On motion of Senator Unger, the Senate recessed until 5 p.m. today.
At the expiration of the recess, the Senate reconvened and, at the request of Senator Unger, unanimous consent being granted, returned to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 7th day of March, 2011, presented to His Excellency, the Governor, for his action, the following bill, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for House Bill No. 2709), Allowing county school boards to enter into energy-saving contracts.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2550, Interstate Compact on Educational Opportunity for Military Children.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2757, Providing for evaluation of professional personnel in the public schools.
With amendments from the Committee on Education pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Education to which the bill was first referred.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. Com. Sub. for House Bill No. 2802, Prohibiting use of turning lanes for through traffic under certain circumstances.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2802) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Transportation and Infrastructure pending.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2863, Providing for the costs of disability physical and/or mental examinations approved by the Consolidated Public Retirement Board under the West Virginia State Police plan.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2946, Requiring the issuance of a lawful prescription for dispensing drug products containing chemical precursors of methamphetamine.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. House Bill No. 3000, Making it lawful to hunt coyotes with a green colored light.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
William R. Laird IV,
Chair.
At the request of Senator Laird, unanimous consent being granted, the bill (Eng. H. B. No. 3000) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3075, Increasing the time period in the hold-harmless provision when distributing state aid to local health departments.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3094, 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.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
House Concurrent Resolution No. 77,
The "SP5 Lloyd 'Buddy' Greene Jr. Memorial Bridge".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
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, including the Committee on Rules,
On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, March 8, 2011, at 11 a.m.
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