Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FORTY-NINTH DAY

____________

Charleston, W. Va., Tuesday, April 2, 2013

The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

Prayer was offered by the Reverend Jim Walther, Jr., St. Andrew Presbyterian Church, Pinch, West Virginia.

Pending the reading of the Journal of Monday, April 1, 2013,

On motion of Senator Unger, 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.

At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant James W. Spears privileges of the floor for the day.

The Senate 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 and reenact §9-5-11 of the Code of West Virginia, 1931, as amended, all relating to state Medicaid subrogation; establishing definitions; establishing recipient assignment of subrogation rights against third parties; excluding Medicare benefits from assignment; authorizing release of information; prioritizing the department’s subrogation right; establishing notice requirements for third party claims, civil actions and settlements; permitting the department to enter appearance in an action against a third party; establishing penalties for failure to notify the department; requiring consent to settle; establishing procedures for agreed allocation of award or judgment proceeds from third parties; establishing procedures when allocation is disputed; establishing procedures for jury trial; establishing post-trial payment procedures; establishing allocation of attorneys fees; prohibiting certain class actions and multiple plaintiff actions; and authorizing authority to settle.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 2531--A Bill to amend and reenact §30-32-1, §30-32-2, §30-32-3, §30-32-4, §30-32-5, §30-32-6, §30-32-7, §30-32-8, §30-32-9, §30-32-10, §30-32-11, §30-32-12, §30-32-13, §30-32-14, §30-32-15, §30-32-16, §30-32-17, §30-32-18, §30-32-19, §30-32-20, §30-32-21 and §30-32-23 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto two new sections, designated §30-32-22 and §30-32-24, all relating to the Board of Examiners of Speech-language Pathology and Audiology; setting forth unlawful acts; providing exemptions; specifying applicability of other law; providing definitions; continuing the Board of Examiners for Speech-Language Pathology and Audiology; specifying qualifications of board members; providing terms and conditions of board members’ service; providing for election of board officers; providing for compensation and expense reimbursement of board members; setting forth powers and duties of the board; providing rule-making authority; continuing the board of Examiners for Speech-Language Pathology and Audiology Fund; providing qualifications for practicing speech-language pathology or audiology; providing for provisional licenses to practice while attaining required postgraduate professional experience; providing for waiver of requirements for persons who hold a license from another state with substantially equivalent standards; providing for practice pending disposition of application; providing scopes of practice for speech-language pathology and audiology; requiring speech-language pathology assistants and audiology assistants to register with the board; providing registration and supervision requirements for speech-language pathology assistants and audiology assistants; authorizing telepractice; providing conditions and requirements for telepractice; providing for renewal of licenses and registrations; providing for renewal of lapsed licenses and registrations; providing for the suspension, revocation and refusal to renew licenses and registrations; providing for the reinstatement of revoked licenses and registrations; authorizing actions to enjoin violations; providing for the investigation of complaints; setting forth complaint procedures and hearing procedures; establishing grounds for disciplinary actions; providing for rights of appeal and judicial review; providing that a single act is sufficient to justify disciplinary action; providing for criminal proceedings; providing for criminal penalties; and requiring the Legislative Auditor to present a report to the Joint Standing Committee on Government Organization on the requirements for Speech-Language Pathologists, Audiologists and Assistants to practice in public schools.

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. 2550--A Bill to amend and reenact §61-8C-3 of the Code of West Virginia, 1931, as amended, relating to crimes; distribution and exhibiting of material depicting minors in sexually explicit conduct; creating an enhanced felony offense and penalty for possessing, receiving or distributing more than five hundred separate files and materials containing digital, photographed or video images depicting minors in sexually explicit conduct; providing enhanced criminal penalties when the offender was previously convicted of a sexual offense when the victim was a child; and establishing criminal penalties for second or subsequent violations.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 2571--A Bill to amend and reenact §22B-3-1 of the Code of West Virginia, 1931, as amended, relating to the Environmental Quality Board; permitting individuals who receive a portion of income from state agencies, other than the Department of Environmental Protection, that hold or are applicants to hold certain environment permits to serve on the board.

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, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 2626--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Military Affairs and Public Safety; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Division of Protective Services to promulgate a legislative rule relating to contracted police or security services; authorizing the State Fire Commission to promulgate a legislative rule relating to the state building code; authorizing the State Fire Commission to promulgate a legislative rule relating to volunteer firefighters' training, equipment and operating standards; authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training and certification standards; authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to the protocol for law enforcement response to stalking; and authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to the protocol for law enforcement response to child abuse and neglect.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 2754--A Bill to amend and reenact §11-15A-1 of the Code of West Virginia, 1931, as amended, relating to expanding the definition of a “retailer engaging in business in this state” for purposes of sales and use taxes to include any retailer that is related to, or part of a unitary business with, a person, entity or business that is a subsidiary of the retailer, or is related to, or unitary with, the retailer as a related entity, a related member or part of a unitary business that meets one of four certain additional criteria; providing illustrative examples of the term “service” for purposes of the expanded definition; and providing effective date for the change of definition.

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. 2759--A Bill to amend and reenact §16-4C-8 of the Code of West Virginia, 1931, as amended, relating generally to standards for emergency medical service personnel; providing minimum requirements for staffing ambulances with emergency services personnel; providing that an applicant for renewal of an emergency medical service personnel certificate who is nationally certified or who has had a state certification continuously for five years is not required to take a skills exam; providing rulemaking authority for the Office of Emergency Services relating to certification and recertification of emergency services personnel; providing that no fees be charged to certify or recertify an Emergency Medical Technician - Miner.

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. 2766--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6 relating to creating the ‘West Virginia Winner’ program within the Office of Healthy Lifestyles; providing for local government entities to submit bids to host various athletic and cultural events; declaring who may participate; and establishing participation fees.

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. 2888--A Bill to amend and reenact §8-14-7 of the Code of West Virginia, 1931, as amended, relating to policemen’s civil service commissions; authorizing commissioners to serve on other boards and commissions.

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. 2940--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-26a, relating to regional meetings among certain officials of county boards of education; establishing purposes and limitation; requiring notice; setting forth the responsibilities of county and state education officials; soliciting input from organizations having an interest in education; requiring certain reports; and providing a process for approval of training.

At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the bill to a committee dispensed with.

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. 2966--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, and §21-5G-3, all relating to employment and privacy protection; prohibiting an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through certain electronic communications devices; prohibiting an employer from taking or threatening to take, certain disciplinary actions for an employee’s refusal to disclose certain password and related information; prohibiting an employer from failing or refusing to hire an applicant as a result of the applicant’s refusal to disclose certain password and related information; prohibiting an employee from downloading certain unauthorized information or data to certain Web sites or Web-based accounts; and providing that an employer is not prevented from conducting certain investigations for certain purposes, including gathering information needed for compliance with mandatory state or federal regulations.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2013, and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 3086--A Bill to amend and reenact §25-1-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §28-3-19, all relating to institutions managed by the division of corrections; transferring control of the Industrial Home for Youth to the Division of Corrections; renaming the Industrial Home for Youth as the Salem Correctional Center; and authorizing the Parkersburg Correctional Center as a institution managed by the Division of Corrections.

At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the bill to a committee dispensed with.

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. House Bill No. 3104--A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing certain legislative rules regarding higher education; authorizing legislative rules for the Higher Education Policy Commission regarding authorization of degree granting institutions and human resources administration; and authorizing legislative rules for the Council for Community and Technical College Education regarding authorization of degree granting institutions and human resources administration.

Referred to the Committee on Education.

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. House Bill No. 3159--A Bill to amend and reenact §18-5B-10 of the Code of West Virginia, 1931, as amended, relating to excepting Monroe County Schools from compulsory attendance age law for purpose of increasing age to eighteen; and excepting Nicholas County Schools from requirement to commence compulsory attendance actions after certain maximum absences for purpose of limited absence excusal for Saturday program completion.

Referred to the Committee on Education.

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

Com. Sub. for Senate Bill No. 401, Relating to Board of Registration for Professional Engineers.

Now on second reading, having been read a first time and referred to the Committee on Finance on March 27, 2013;

And reports the same back with the recommendation that it do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 401) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.

Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 459, Relating to warranties for used motor vehicles.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 459 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers of warranties with respect to goods which are the subject of or are intended to become the subject of a consumer transaction; modifying prohibition against exclusion, modification or limitation of any warranty or remedy; allowing waiver of warranty on used motor vehicle as to a particular defect or malfunction which dealer has disclosed; permitting as-is sale of certain used motor vehicle; establishing conditions for as-is sales of certain used motor vehicles; requiring conspicuous disclosure of as-is sale; providing that as-is sale does not waive express warranties made by dealer; establishing limits on the percentage of a dealer’s inventory of used motor vehicles that may be sold to consumers as-is; prohibiting dealer sale of used motor vehicles without a valid West Virginia inspection sticker except in cases of incapacitated or total-loss vehicles where such vehicles are towed from dealer’s premises; and requiring dealer to conform to federal regulations.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 459) contained in the preceding report from the Committee on the Judiciary 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 Williams, Stollings, Sypolt, Tucker and Cookman offered the following resolution:

Senate Concurrent Resolution No. 37--Requesting the Division of Highways to name the bridge over Lost River on Corridor H near Wardensville, Hardy County, West Virginia, bridge number 16-55/20-24.56, the “Army MSG 1SG Boyd ‘Doc’ Slater Memorial Bridge”.

Whereas, Boyd "Doc" Slater was born on August 1, 1930, in Winchester, Virginia, the son of the late Golda Wilkins Slater; and

Whereas, Boyd "Doc" Slater was raised in Mathias, Hardy County, and attended Hardy County public schools; and

Whereas, Boyd "Doc" Slater married Betty Funkhouser in Wardensville on June 8, 1955; and

Whereas, Boyd "Doc" Slater was a 21-year veteran of the U. S. Army, serving primarily with airborne units, flying on helicopters and working on them as a flight engineer and flight mechanic; and

Whereas, Boyd "Doc" Slater served two tours of duty in Korea and two tours of duty in Vietnam, and he was awarded two Bronze Stars and numerous other service medals, ribbons, citations and commendations during his distinguished 21-year career; and

Whereas, Boyd "Doc" Slater attained the rank of Master Sergeant First Sergeant before retiring from the Army in 1969; and

Whereas, Boyd "Doc" Slater returned home to Hardy County and began a second career with the Division of Highways, putting the mechanical and maintenance skills he had learned in the Army to good use on behalf of the State of West Virginia; and

Whereas, Boyd "Doc" Slater rose to the position of Assistant County Superintendent before retiring from the Division of Highways in 1987; and

Whereas, Boyd "Doc" Slater was active in veterans’ affairs and was a member of VFW Post 2102 in Wardensville and American Legion Post 64 in Moorefield; and

Whereas, Sadly, Boyd “Doc” Slater passed away on April 28, 2011, at the age 80, leaving behind a wonderful legacy of service to his country and state, and having earned the love and respect of all who knew him; and

Whereas, Boyd “Doc” Slater is survived by his loving wife of fifty-five years, Betty Slater of Wardensville; three daughters, Charlotte Bowman of Wardensville, Carmen Sager of Mathias and Kathy McDaniel of Hedgesville; two grandchildren, Jennifer Sundstrom and Heather Bowman; and two great grandchildren, Elaina Bowman and Graham Sundstrom; and

Whereas, It is only fitting and proper that this bridge on Corridor H near Wardensville be named for Boyd "Doc" Slater, that we may honor his outstanding military service on behalf of a grateful nation, his dedicated service to the State of West Virginia and his many good works for the people of Hardy County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the bridge over Lost River on Corridor H near Wardensville, Hardy County, West Virginia, bridge number 16-55/20-24.56, the “Army MSG 1SG Boyd ‘Doc’ Slater Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Army MSG 1SG Boyd ‘Doc’ Slater Memorial Bridge”; 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 to Betty Slater, Charlotte Bowman, Carmen Sager and Kathy McDaniel.

Which, under the rules, lies over one day.

Senators Beach, Stollings and Plymale offered the following resolution:

Senate Concurrent Resolution No. 38--Requesting the Joint Committee on Government and Finance study the effectiveness and efficiency of the implementation of the federal Moving Ahead for Progress in the 21st Century (MAP21) program in West Virginia.

Whereas, MAP21 is a graduated licensing program which provides federal funds to states that implement certain stages and requirements for teenage drivers before they are able to obtain an unrestricted license; and

Whereas, Motor vehicle crashes continue to be the number one killer of American teens; and

Whereas, Graduated licensing programs, like MAP21, have been shown to reduce teen traffic accidents and fatalities in states which have implemented the programs; and

Whereas, The West Virginia Legislature has already adopted a graduated licensing system for its teenage drivers; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the effectiveness and efficiency of the implementation of the federal Moving Ahead for Progress in the 21st Century (MAP21) program in West Virginia; 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, 2014, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations in order to make certain that West Virginia's teenage drivers are being fully and adequately protected while they gain experience and skill; 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 Barnes, Kessler (Mr. President), Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams and Yost offered the following resolution:

Senate Resolution No. 52--Memorializing the life of the Honorable Ursula Jae Spears, former member of the West Virginia Senate, former member of the West Virginia House of Delegates and dedicated public servant.

Whereas, The Honorable Ursula Jae Spears was born in Latonia, Kentucky, the daughter of the late James and Sylvia Fox Marshall; and

Whereas, The Honorable Ursula Jae Spears began her career in public service in 1974, when she was elected to the West Virginia House of Delegates, one of only eight women in the 100-member chamber; and

Whereas, The Honorable Ursula Jae Spears served three terms in the West Virginia House of Delegates before being elected to the West Virginia Senate in 1980, one of only two women at that time in the 34-member chamber; and

Whereas, Only two years into her first term in the Senate, the Honorable Ursula Jae Spears was appointed as Senate Majority Whip, making her the first woman to hold a leadership position in either house of the West Virginia Legislature; and

Whereas, From 1984 to 1986, the Honorable Ursula Jae Spears was appointed as Chair of the Senate Finance Committee, making her the first and only woman thus far to head the committee; and

Whereas, During her eighteen years of dedicated pubic service in the West Virginia Legislature, the Honorable Ursula Jae Spears was active in the health care field, where she sponsored and saw enacted into law the first home health care bill, and the first bills that provided help for hemophiliacs and autistic children; and

Whereas, The Honorable Ursula Jae Spears was one of three Senators who wrote the bill authorizing the Rural Health Initiative; and

Whereas, The Honorable Ursula Jae Spears was an ardent advocate for veterans and the National Guard. She authored a bill for employing and training veterans, the first such legislation in the nation, which earned her a national award from the United States Department of Labor and Veterans Affairs; and

Whereas, The Honorable Ursula Jae Spears’ commitment to public service reached far beyond her time in the West Virginia Legislature, as she was active in promoting literacy for all West Virginians, advocating for protection of the family farm, and serving on numerous boards, commissions and councils to help promote and protect woman and children; and

Whereas, Sadly, on March 16, 2013, the Honorable Ursula Jae Spears passed away, bringing an end to a pioneering and productive life in public service and leaving behind a host of family and friends, as well as colleagues across the State of West Virginia, all of whom will sorely miss her; and

Whereas, The Honorable Ursula Jae Spears’ contributions to the State of West Virginia will be felt by West Virginians for many generations to come, making her memory eternal throughout the state; therefore, be it

Resolved by the Senate:

That the Senate hereby memorializes the life of the Honorable Ursula Jae Spears, former member of the West Virginia Senate, former member of the West Virginia House of Delegates and dedicated public servant; and, be it

Further Resolved, That the Senate expresses its deepest sympathies to the family and friends of the Honorable Ursula Jae Spears on her passing; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the Honorable Ursula Jae Spears.

At the request of Senator Barnes, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

Thereafter, at the request of Senator Palumbo, and by unanimous consent, the remarks by Senator Chafin regarding the adoption of Senate Resolution No. 52 were ordered printed in the Appendix to the Journal.

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 Wells and Stollings offered the following resolution:

Senate Resolution No. 53--Recognizing Josh Miller for his feature documentary, “Made in the USA: The 30 Day Journey”.

Whereas, Josh Miller is a resident of Charleston, West Virginia, and is featured in the documentary, “Made in the USA: The 30 Day Journey”; and

Whereas, Josh Miller’s father-in-law was among the 650 people who lost their jobs at Century Aluminum in Ravenswood, West Virginia, which was a devastating blow to the town and became Josh’s inspiration for his journey; and

Whereas, With devastating job losses across the United States, Josh Miller explores the potential causes of these losses and searches for answers about our economy; and

Whereas, Josh Miller traveled across the country, interviewing business owners, historians and politicians, and conducted on-the- street interviews in West Virginia, California, Louisiana, Virginia, North Carolina, South Carolina, Illinois, Florida, Ohio and our nation’s capital, Washington DC; and

Whereas, Josh Miller discovered that the devastating impact the recession has had on this country can been seen in almost every town in America; and

Whereas, Over the past three decades, from June 1979 to December 2009, eight million manufacturing jobs have been lost; and

Whereas, Josh Miller found that nearly fifty-four percent of the apparel industry jobs have been lost over the past 4 1/2 years which directly effect other businesses such as cut-and-sew companies and mills; and

Whereas, These statistics show the rippling effect that the loss of manufacturing jobs has had on our country; and

Whereas, Josh Miller believes that the key to a prosperous West Virginia and United States will involve a strong emphasis on manufacturing, along with creating environments that help foster the entrepreneur; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes Josh Miller for his feature documentary, “Made in the USA: The 30 Day Journey”; and, be it

Further Resolved, That the Senate supports Josh Miller in his effort to encourage Americans to buy “Made in the USA” products; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Josh Miller.

At the request of Senator Wells, 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, at the request of Senator Unger, unanimous consent being granted, returned to the second order of business and the introduction of guests.

On motion of Senator Unger, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened and again proceeded to the sixth order of business.

Senators Beach, Stollings, Sypolt, Williams, Prezioso, Tucker, Cookman, Plymale and Fitzsimmons offered the following resolution:

Senate Resolution No. 54--Congratulating the West Virginia University Rifle Team for winning the 2013 NCAA Rifle Championship.

Whereas, The West Virginia University Rifle Team won its nation-best 15th NCAA Championship on Saturday, March 9, 2013, with an aggregate score of 4679, at Ohio State’s Converse Hall and French Field House; and

Whereas, The West Virginia University Rifle Team’s aggregate score of 4679 was the second highest in NCAA history; and

Whereas, On the way to winning the National Championship, the West Virginia University Rifle Team also won its fourth-straight Great American Rifle Conference (GARC) title this season; and

Whereas, Coach Hammond was named the College Rifle Coaches’ Association (CRCA) Coach of the Year, his second career honor and first since 2009; and

Whereas, Petra Zublasing swept the individual titles, as she won air rifle (701.1) and smallbore (688.3). The wins brought her career NCAA title total to three, as she also won the 2012 Air Rifle Championship; and

Whereas, For her efforts, Petra Zublasing was named to the National Rifle Association (NRA) Air Rifle and Smallbore All-America First Teams; and

Whereas, In total, the West Virginia University Rifle Team scored twelve NRA All-America honors: Taylor Ciotola (air rifle and smallbore first teams), Maren Prediger (air rifle first team), Meelis Kiisk (smallbore first team, air rifle second team), Garrett Spurgeon (smallbore first team, air rifle second team), Kyanko (smallbore second team), Daniel Sojka (smallbore second team) and Patrick Sunderman (smallbore honorable mention); and

Whereas, The West Virginia University Rifle Team is a shining example to all West Virginians of what can be accomplished with hard work, dedication and commitment; and

Whereas, The West Virginia University Rifle Team is the greatest all time in NCAA history, something all West Virginians can be proud of; therefore, be it

Resolved by the Senate:

That the Senate hereby congratulates the West Virginia University Rifle Team for winning the 2013 NCAA Rifle Championship; and, be it

Further Resolved, That the Senate hereby acknowledges the individual effort of each shooter and commends them for their accomplishments; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia University Rifle Team.

At the request of Senator Beach, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.

The question being on the adoption of the resolution, and on this question, Senator Barnes demanded the yeas and nays.

The roll being taken, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

The nays were: None.

Absent: Blair--1.

So, a majority of those present and voting having voted in the affirmative, the President declared the resolution (S. R. No. 54) 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 Laird presented a petition from Ted Davitian and numerous West Virginia residents, supporting Senate Bill No. 59 (Creating crossbow hunting license).

Referred to the Committee on Natural Resources.

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 36, Requesting Joint Committee on Government and Finance study impact of Common Core State Standards on public education.

On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education; and then to the Committee on Rules.

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for Senate Bill No. 22, Requiring maternity services coverage for all health insurance plan dependents in certain circumstances.

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, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 22) 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. 65, Exempting PERS retirement income of DNR police officers from state income tax.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 65) 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. 98, Creating Shale Research, Education, Policy and Economic Development Center at WVU.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 98) 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. 103, Creating WV Commuter Rail Access Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 103) 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. 118, Creating I Support Veterans license plate.

On third reading, coming up in regular order, was reported by the Clerk.

At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

Eng. Com. Sub. for Senate Bill No. 195, Removing tax rate expiration date on eligible acute care hospitals.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 195) passed with its title.

Senator Unger moved that the bill take effect July 1, 2013.

On this question, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

The nays were: None.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 195) takes effect July 1, 2013.

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. 202, Creating WV Spay Neuter Assistance Program and Fund.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 202) 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. 324, Allowing boards licensing persons engaging in manufacture, distribution or dispensing controlled substances set fees by legislative rule.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 324) 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. 326, Establishing appropriation request process for higher education system.

On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, April 1, 2013, for amendments to be considered on third reading, was reported by the Clerk.

On motion of Senator Plymale, the following amendment to the bill was reported by the Clerk and adopted:

On page seven, section five, line seventy-eight, by striking out “2014” and inserting in lieu thereof “2015”.

The bill, as just amended, was ordered to engrossment

Engrossed Committee Substitute for Senate Bill No. 326 was then a third time and put upon its passage.

On the passage of the bill, the yeas were: Barnes, Boley, Cann, Chafin, Cole, Cookman, Edgell, Fitzsimmons, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--28.

The nays were: Beach, Carmichael, Facemire, Green and D. Hall--5.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 326) passed with its title.

Senator Unger moved that the bill take effect from passage.

On this question, the yeas were: Barnes, Boley, Cann, Chafin, Cole, Cookman, Edgell, Fitzsimmons, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--28.

The nays were: Beach, Carmichael, Facemire, Green and D. Hall--5.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 326) 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. 421, Exempting certain school mascot from prohibition of firearms possession on school grounds.

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. 421 pass?”

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 421) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senator Nohe regarding the passage of Engrossed Committee Substitute for Senate Bill No. 421 were ordered printed in the Appendix to the Journal.

Eng. Com. Sub. for Senate Bill No. 433, Creating informal dispute resolution process for DHHR providers or licensees.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 433) passed with its title.

Senator Unger moved that the bill take effect July 1, 2013.

The nays were: None.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 433) takes effect July 1, 2013.

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. 466, Creating Dangerous Wild Animals Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

The nays were: Sypolt--1.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 466) 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. 498, Relating to hearing location for Alcohol Beverage Control Administration's appeal hearings.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 498) passed with its title.

Senator Unger moved that the bill take effect July 1, 2013.

The nays were: None.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 498) takes effect July 1, 2013.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill No. 515, Relating to use of television receivers and other devices in vehicles.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 515) 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. 561, Establishing Tucker County Cultural District Authority.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 561) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 561) 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. 582, Implementing terms of Uniform Arbitration Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

The nays were: Fitzsimmons--1.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 582) passed with its title.

Senator Unger moved that the bill take effect July 1, 2013.

On this question, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

The nays were: Fitzsimmons--1.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 582) takes effect July 1, 2013.

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. 586, Transferring authority to license cosmetology, barber and massage schools to Council for Community and Technical College Education.

On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, April 1, 2013, for amendments to be considered on third reading, was reported by the Clerk.

On motion of Senator Stollings, the following amendment to the bill was reported by the Clerk and adopted:

On page eighteen, section twelve, line eight, after the word “school” by inserting the words “that is compliant with the board’s operational standards and requirements”.

The bill, as just amended, was ordered to engrossment

Engrossed Committee Substitute for Senate Bill No. 586 was then a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 586) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 586) 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. 610, Renaming Industrial Home for Youth as Salem Correctional Center; placing Salem and Parkersburg correctional centers under Division of Corrections.

On third reading, coming up in regular order, was reported by the Clerk.

At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

Eng. Senate Bill No. 623, Relating to funding for probation officers to address truancy.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 623) passed with its title.

Senator Unger moved that the bill take effect July 1, 2013.

The nays were: None.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 623) takes effect July 1, 2013.

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. 624, Adjusting penalties for willful failure to pay child support.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 624) 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. 630, Relating to Chief Technology Officer's duties with regard to security of government information.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 630) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 630) 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. 638, Terminating certain severance tax exemption for production of natural gas or oil.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 638) passed with its title.

Senator Unger moved that the bill take effect July 1, 2013.

The nays were: None.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 638) takes effect July 1, 2013.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. House Bill No. 2800, Relating to the Teachers' Retirement System.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2800) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

Eng. Com. Sub. for House Bill No. 2802, Relating to the Emergency Medical Services Retirement System.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2802) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

The Senate proceeded to the ninth order of business.

Com. Sub. for Com. Sub. for Senate Bill No. 90, Creating felony offense of DUI causing death or serious bodily injury.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 117, Creating criminal offense of possession of burglar's tools.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 344, Relating to regional meetings among certain county boards of education officials.

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 Finance.

Com. Sub. for Senate Bill No. 347, Requiring Public Employees Grievance Board and Division of Personnel provide training seminars to certain persons.

On second reading, coming up in regular order, was read a second time.

On motion of Senator Palumbo, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

On page two, section two-a, line seven, after the word “manner.” by inserting the following: The Public Employees Grievance Board, in conjunction with the Division of Personnel, shall also create a version of the training appropriate for teaching over the Internet and place the training on the Public Employees Grievance Board website.;

And,

On page three, section two-a, line twenty-seven, after the word “conferences” by changing the period to a colon and inserting the following proviso: Provided, That a newly appointed chief administrator or a newly appointed person who conducts level one hearings and conferences may conduct a level one hearing or conference if, prior to the level one hearing or conference, the person both completes the online version of the training authorized by subsection (a) of this section and agrees to complete the full training the next time the full training is offered.

The bill (Com. Sub. for S. B. No. 347), as amended, was then ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 355, Relating to final wage payment to discharged employees.

On second reading, coming up in regular order, was read a second time.

On motion of Senator Carmichael, the following amendment to the bill was reported by the Clerk:

On page two, section four-b, lines eleven and twelve, by striking out the words “or four business days, whichever comes first”.

The question being on the adoption of Senator Carmichael’s amendment to the bill, the same was put and did not prevail.

The bill (Com. Sub. for S. B. No. 355) was then ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 363, Implementing purchasing reforms.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 365, Relating to certain criminal conviction expungement.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 378, Adjusting population line for calculating certain magistrate and staff salaries.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 403, Relating to judicial retirement system contribution rates.

On second reading, coming up in regular order, was read a second time.

The following amendment to the bill, from the Committee on Pensions, was reported by the Clerk and adopted:

On page four, section four, after line forty-six, by inserting the following:

(c) On or after July 1, 2013, and each year thereafter, the annual actuarial valuation prepared by the State Actuary for determination of all participants’ contributions and the annual actuarially required contribution prepared by the State Actuary for use by the courts of this state for legislative appropriation shall be provided to the Legislature’s Joint Committee on Government and Finance and the Joint Committee on Pensions and Retirement.

And,

By relettering the remaining subsections.

The bill (S. B. No. 403), as amended, was then ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 426, Relating to filings under Uniform Commercial Code as to secured transactions.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 437, Regulating commercial dog-breeding operations.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 451, Clarifying when carbon monoxide detector is required.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 454, Relating to taxation of alternative motor fuels.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 458, Permitting PEIA health plans to operate on calendar-year basis.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 474, Clarifying when deposits are presumed abandoned for unclaimed property purposes.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 478, Redefining "video lottery games"; permitting wagering by historic resort hotel employees.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 490, Creating Equine Facilities and Care Act.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 492, Authorizing "rural resort community" as limited gaming facility.

On second reading, coming up in regular order, was read a second time.

The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:

On page twelve, section two, line one hundred forty-eight, after the word "contiguous" by inserting the words "or adjacent";

On page thirteen, section two, line one hundred sixty, by striking out "$80" and inserting in lieu thereof "$60";

On page thirteen, section two, line one hundred sixty-four, by striking out the word "adequate" and inserting in lieu thereof the word "inadequate";

And,

On page fourteen, section two, line one hundred seventy, by striking out the word "within" and inserting in lieu thereof the word "from".

The bill (Com. Sub. for S. B. No. 492), as amended, was then ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 493, Providing standards for converting and retrofitting motor vehicles to alternative fuels.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 504, Relating to cooperative associations.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 509, Imposing statutory liens on certain fire insurance proceeds.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 521, Creating amnesty program for certain drivers with suspended or revoked licenses.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 580, Updating requirements for dental intern, resident and teaching permits.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 594, Establishing Court of Claims procedure for unjust arrest, conviction or imprisonment claims.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 599, Expanding number of hours temporary state personnel may work.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 656, Establishing special study committee to assess problems facing gaming industry.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 664, Decreasing appropriations of public moneys in State Fund, General Revenue.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

The Senate proceeded to the tenth order of business.

Eng. Com. Sub. for House Bill No. 2923, Relating to directors of state-chartered banking institutions.

On first reading, coming up in regular order, was reported by the Clerk.

At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

At the request of Senator Miller, and by unanimous consent, 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 4:30 p.m. today.

Upon expiration of the recess, the Senate reconvened and again 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

Com. Sub. for Senate Bill No. 444, Relating to higher education generally.

Now on second reading, having been read a first time and referred to the Committee on Finance on March 28, 2013;

And reports the same back with the recommendation that it do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 444) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.

Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill No. 481, Relating to juvenile mental health treatment.

And has amended same.

Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 29, 2013;

And reports the same back with the recommendation that it do pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 481) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and 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 five, section one, lines five and six, by striking out the words “of persons eighteen years of age or older”.

The bill (Com. Sub. for S. B. No. 481), as amended, was then ordered to engrossment and third reading.

Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 615, Amending table game license renewal fee for pari-mutuel racetracks.

And has amended same.

Now on second reading, having been read a first time and referred to the Committee on Finance on March 29, 2013;

And reports the same back with the recommendation that it do pass, as amended.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 615) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.

The following amendment to the bill, from the Committee on Finance, was reported by the Clerk:

By striking out everything after the enacting clause and inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §29-22-18f; that §29-22A-10 of said code be amended and reenacted; and that §29-22C-8 of said code be amended and reenacted, all to read as follows:

ARTICLE 22. STATE LOTTERY ACT.

§29-22-18f. Creating the Lottery Administrative Reserve Fund; distribution of reserve funds.

(a) A Lottery Administrative Reserve Fund is created within the Lottery Fund. For the fiscal year ending on June 30, 2013, only, the commission shall deposit a total of $4 million, to be considered as part of its actual costs and expenses, in proportions determined in the sole discretion of the commission, from amounts distributed according to subsection (d), section eighteen of this article, subdivision (1), subsection (b), section ten, article twenty-two-a of this chapter, subdivision (1), subsection (a), section 1408, article twenty-two-b of this chapter and subsection (e), section twenty-two, article twenty-five of this chapter.

(b) For the fiscal year beginning July 1, 2013, only, the commission shall transfer $4 million from the Lottery Administrative Reserve Fund to the Community Based Service Fund in the State Treasury.

ARTICLE 22A. RACETRACK VIDEO LOTTERY ACT.

§29-22A-10. Accounting and reporting; commission to provide communications protocol data; distribution of net terminal income; remittance through electronic transfer of funds; establishment of accounts and nonpayment penalties; commission control of accounting for net terminal income; settlement of accounts; manual reporting and payment may be required; request for reports; examination of accounts and records.

(a) The commission shall provide to manufacturers, or applicants applying for a manufacturer's permit, the protocol documentation data necessary to enable the respective manufacturer's video lottery terminals to communicate with the commission's central computer for transmitting auditing program information and for activation and disabling of video lottery terminals.

(b) The gross terminal income of a licensed racetrack shall be remitted to the commission through the electronic transfer of funds. Licensed racetracks shall furnish to the commission all information and bank authorizations required to facilitate the timely transfer of moneys to the commission. Licensed racetracks must provide the commission thirty days' advance notice of any proposed account changes in order to assure the uninterrupted electronic transfer of funds. From the gross terminal income remitted by the licensee to the commission:

(1) The commission shall deduct an amount sufficient to reimburse the commission for its actual costs and expenses incurred in administering racetrack video lottery at the licensed racetrack. The resulting amount after the deduction is the net terminal income. The amount deducted for administrative costs and expenses of the commission may not exceed four percent of gross terminal income: Provided, That any amounts deducted by the commission for its actual costs and expenses that exceeds its actual costs and expenses shall be deposited into the State Lottery Fund. For the fiscal years ending June 30, 2011, through June 30, 2020, the term “actual costs and expenses” may include transfers of up to $10 million in surplus allocations for each fiscal year, as calculated by the commission when it has closed its books for the fiscal year, to the Licensed Racetrack Modernization Fund created by subdivision (2), subsection (b) of this section. For all fiscal years beginning on or after July 1, 2001, the commission shall not receive an amount of gross terminal income in excess of the amount of gross terminal income received during the fiscal year ending on June 30, 2001, but four percent of any amount of gross terminal income received in excess of the amount of gross terminal income received during the fiscal year ending on June 30, 2001, shall be deposited into the fund established in section eighteen-a, article twenty-two of this chapter; and

(2) A Licensed Racetrack Modernization Fund is created within the Lottery Fund. For all fiscal years beginning on or after July 1, 2011, and ending with the fiscal year beginning July 1, 2020, the commission shall deposit such amounts as are available according to subdivision (1), subsection (b) of this section into a separate facility modernization account maintained within the Licensed Racetrack Modernization Fund for each racetrack. Each racetrack’s share of each year’s deposit shall be calculated in the same ratio as each racetrack’s apportioned contribution to the four percent administrative costs and expenses allowance provided for in subdivision (1), subsection (b) of this section for that year. For each $2 expended by a licensed racetrack for facility modernization improvements at the racetrack, having a useful life of three or more years and placed in service after July 1, 2011, the licensed racetrack shall receive $1 in recoupment from its facility modernization account. If the licensed racetrack’s facility modernization account contains a balance in any fiscal year, the unexpended balance from that fiscal year will be available for matching for one additional fiscal year, after which time the remaining unused balance carried forward shall revert to the lottery fund. For purposes of this section, the term “facility modernization improvements” includes acquisitions of new and unused video lottery terminals and related equipment. Video lottery terminals financed through the recoupment provided in this subdivision must be retained by the licensee in its West Virginia licensed location for a period of not less than five years from the date of initial installation.

(c) The amount resulting after the deductions required by subsection (b) of this section constitutes net terminal income that shall be divided as set out in this subsection. For all fiscal years beginning on or after July 1, 2001, any amount of net terminal income received in excess of the amount of net terminal income received during the fiscal year ending on June 30, 2001, shall be divided as set out in section ten-b of this article. The licensed racetrack's share is in lieu of all lottery agent commissions and is considered to cover all costs and expenses required to be expended by the licensed racetrack in connection with video lottery operations. The division shall be made as follows:

(1) The commission shall receive thirty percent of net terminal income, which shall be paid into the State Lottery Fund as provided in section ten-a of this article;

(2) Until July 1, 2005, fourteen percent of net terminal income at a licensed racetrack shall be deposited in the special fund established by the licensee, and used for payment of regular purses in addition to other amounts provided for in article twenty-three, chapter nineteen of this code, on and after July 1, 2005, the rate shall be seven percent of net terminal income;

(3) The county where the video lottery terminals are located shall receive two percent of the net terminal income: Provided, That:

(A) Beginning July 1, 1999, and thereafter, any amount in excess of the two percent received during the fiscal year 1999 by a county in which a racetrack is located that has participated in the West Virginia Thoroughbred Development Fund since on or before January 1, 1999, shall be divided as follows:

(i) The county shall receive fifty percent of the excess amount; and

(ii) The municipalities of the county shall receive fifty percent of the excess amount, said fifty percent to be divided among the municipalities on a per capita basis as determined by the most recent decennial United States census of population; and

(B) Beginning July 1, 1999, and thereafter, any amount in excess of the two percent received during the fiscal year 1999 by a county in which a racetrack other than a racetrack described in paragraph (A) of this proviso is located and where the racetrack has been located in a municipality within the county since on or before January 1, 1999, shall be divided, if applicable, as follows:

(i) The county shall receive fifty percent of the excess amount; and

(ii) The municipality shall receive fifty percent of the excess amount; and

(C) This proviso shall not affect the amount to be received under this subdivision by any other county other than a county described in paragraph (A) or (B) of this proviso;

(4) One percent of net terminal income shall be paid for and on behalf of all employees of the licensed racing association by making a deposit into a special fund to be established by the Racing Commission to be used for payment into the pension plan for all employees of the licensed racing association;

(5) The West Virginia Thoroughbred Development Fund created under section thirteen-b, article twenty-three, chapter nineteen of this code and the West Virginia Greyhound Breeding Development Fund created under section ten of said article shall receive an equal share of a total of not less than one and one-half percent of the net terminal income;

(6) The West Virginia Racing Commission shall receive one percent of the net terminal income which shall be deposited and used as provided in section thirteen-c, article twenty-three, chapter nineteen of this code.

(7) A licensee shall receive forty-six and one-half percent of net terminal income.

(8)(A) The Tourism Promotion Fund established in section twelve, article two, chapter five-b of this code shall receive three percent of the net terminal income: Provided, That for the fiscal year beginning July 1, 2003, the tourism commission shall transfer from the Tourism Promotion Fund $5 million of the three percent of the net terminal income described in this section and section ten-b of this article into the fund administered by the West Virginia Economic Development Authority pursuant to section seven, article fifteen, chapter thirty-one of this code, $5 million into the Capitol Renovation and Improvement Fund administered by the Department of Administration pursuant to section six, article four, chapter five-a of this code and $5 million into the Tax Reduction and Federal Funding Increased Compliance Fund; and

(B) Notwithstanding any provision of paragraph (A) of this subdivision to the contrary, for each fiscal year beginning after June 30, 2004, this three percent of net terminal income and the three percent of net terminal income described in paragraph (B), subdivision (8), subsection (a), section ten-b of this article shall be distributed as provided in this paragraph as follows:

(i) 1.375 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the Tourism Promotion Fund created under section twelve, article two, chapter five-b of this code;

(ii) 0.375 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the Development Office Promotion Fund created under section three-b, article two, chapter five-b of this code;

(iii) 0.5 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the Research Challenge Fund created under section ten, article one-b, chapter eighteen-b of this code;

(iv) 0.6875 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the Capitol Renovation and Improvement Fund administered by the Department of Administration pursuant to section six, article four, chapter five-a of this code; and

(v) 0.0625 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the 2004 Capitol Complex Parking Garage Fund administered by the Department of Administration pursuant to section five-a, article four, chapter five-a of this code;

(9) (A) On and after July 1, 2005, seven percent of net terminal income shall be deposited into the Workers' Compensation Debt Reduction Fund created in section five, article two-d, chapter twenty-three of this code: Provided, however, That in any fiscal year when the amount of money generated by this subdivision totals $11 million, all subsequent distributions under this subdivision shall be deposited in the special fund established by the licensee and used for the payment of regular purses in addition to the other amounts provided in article twenty-three, chapter nineteen of this code;

(B) The deposit of the seven percent of net terminal income into the Worker's Compensation Debt Reduction Fund pursuant to this subdivision shall expire and not be imposed with respect to these funds and shall be deposited in the special fund established by the licensee and used for payment of regular purses in addition to the other amounts provided in article twenty-three, chapter nineteen of this code, on and after the first day of the month following the month in which the Governor certifies to the Legislature that: (i) The revenue bonds issued pursuant to article two-d, chapter twenty-three of this code, have been retired or payment of the debt service provided for; and (ii) that an independent certified actuary has determined that the unfunded liability of the old fund, as defined in chapter twenty-three of this code, has been paid or provided for in its entirety; and

(10) The remaining one percent of net terminal income shall be deposited as follows:

(A) For the fiscal year beginning July 1, 2003, the veterans memorial program shall receive one percent of the net terminal income until sufficient moneys have been received to complete the veterans memorial on the grounds of the State Capitol Complex in Charleston, West Virginia. The moneys shall be deposited in the State Treasury in the Division of Culture and History special fund created under section three, article one-i, chapter twenty-nine of this code: Provided, That only after sufficient moneys have been deposited in the fund to complete the veterans memorial and to pay in full the annual bonded indebtedness on the veterans memorial, not more than $20,000 of the one percent of net terminal income provided in this subdivision shall be deposited into a special revenue fund in the State Treasury, to be known as the John F. “Jack” Bennett Fund. The moneys in this fund shall be expended by the Department of Veterans’ Assistance to provide for the placement of markers for the graves of veterans in perpetual cemeteries in this state. The Department of Veterans’ Assistance shall promulgate legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code specifying the manner in which the funds are spent, determine the ability of the surviving spouse to pay for the placement of the marker and setting forth the standards to be used to determine the priority in which the veterans grave markers will be placed in the event that there are not sufficient funds to complete the placement of veterans grave markers in any one year, or at all. Upon payment in full of the bonded indebtedness on the veterans memorial, $100,000 of the one percent of net terminal income provided in this subdivision shall be deposited in the special fund in the Division of Culture and History created under section three, article one-i, chapter twenty-nine of this code and be expended by the Division of Culture and History to establish a West Virginia veterans memorial archives within the Cultural Center to serve as a repository for the documents and records pertaining to the veterans memorial, to restore and maintain the monuments and memorial on the Capitol grounds: Provided, however, That $500,000 of the one percent of net terminal income shall be deposited in the State Treasury in a special fund of the Department of Administration, created under section five, article four, chapter five-a of this code, to be used for construction and maintenance of a parking garage on the State Capitol Complex; and the remainder of the one percent of net terminal income shall be deposited in equal amounts in the Capitol Dome and Improvements Fund created under section two, article four, chapter five-a of this code and Cultural Facilities and Capitol Resources Matching Grant Program Fund created under section three, article one of this chapter.

(B) For each fiscal year beginning after June 30, 2004:

(i) Five hundred thousand dollars of the one percent of net terminal income shall be deposited in the State Treasury in a special fund of the Department of Administration, created under section five, article four, chapter five-a of this code, to be used for construction and maintenance of a parking garage on the State Capitol Complex; and

(ii) The remainder of the one percent of net terminal income and all of the one percent of net terminal income described in paragraph (B), subdivision (9) (10), subsection (a), section ten-b of this article shall be distributed as follows: The net terminal income shall be deposited in equal amounts into the Capitol Dome and Capitol Improvements Fund created under section two, article four, chapter five-a of this code and the Cultural Facilities and Capitol Resources Matching Grant Program Fund created under section three, article one, chapter twenty-nine of this code until a total of $1,500,000 is deposited into the Cultural Facilities and Capitol Resources Matching Grant Program Fund; thereafter, the remainder shall be deposited into the Capitol Dome and Capitol Improvements Fund.

(d) Each licensed racetrack shall maintain in its account an amount equal to or greater than the gross terminal income from its operation of video lottery machines, to be electronically transferred by the commission on dates established by the commission. Upon a licensed racetrack's failure to maintain this balance, the commission may disable all of a licensed racetrack's video lottery terminals until full payment of all amounts due is made. Interest shall accrue on any unpaid balance at a rate consistent with the amount charged for state income tax delinquency under chapter eleven of this code. The interest shall begin to accrue on the date payment is due to the commission.

(e) The commission's central control computer shall keep accurate records of all income generated by each video lottery terminal. The commission shall prepare and mail to the licensed racetrack a statement reflecting the gross terminal income generated by the licensee's video lottery terminals. Each licensed racetrack shall report to the commission any discrepancies between the commission's statement and each terminal's mechanical and electronic meter readings. The licensed racetrack is solely responsible for resolving income discrepancies between actual money collected and the amount shown on the accounting meters or on the commission's billing statement.

(f) Until an accounting discrepancy is resolved in favor of the licensed racetrack, the commission may make no credit adjustments. For any video lottery terminal reflecting a discrepancy, the licensed racetrack shall submit to the commission the maintenance log which includes current mechanical meter readings and the audit ticket which contains electronic meter readings generated by the terminal's software. If the meter readings and the commission's records cannot be reconciled, final disposition of the matter shall be determined by the commission. Any accounting discrepancies which cannot be otherwise resolved shall be resolved in favor of the commission.

(g) Licensed racetracks shall remit payment by mail if the electronic transfer of funds is not operational or the commission notifies licensed racetracks that remittance by this method is required. The licensed racetracks shall report an amount equal to the total amount of cash inserted into each video lottery terminal operated by a licensee, minus the total value of game credits which are cleared from the video lottery terminal in exchange for winning redemption tickets, and remit the amount as generated from its terminals during the reporting period. The remittance shall be sealed in a properly addressed and stamped envelope and deposited in the United States mail no later than noon on the day when the payment would otherwise be completed through electronic funds transfer.

(h) Licensed racetracks may, upon request, receive additional reports of play transactions for their respective video lottery terminals and other marketing information not considered confidential by the commission. The commission may charge a reasonable fee for the cost of producing and mailing any report other than the billing statements.

(i) The commission has the right to examine all accounts, bank accounts, financial statements and records in a licensed racetrack's possession, under its control or in which it has an interest and the licensed racetrack shall authorize all third parties in possession or in control of the accounts or records to allow examination of any of those accounts or records by the commission.

ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.

§29-22C-8. License to operate a racetrack with West Virginia Lottery table games.

(a) Racetrack table games licenses. -- The commission may issue up to four racetrack table games licenses to operate West Virginia Lottery table games in accordance with the provisions of this article. The Legislature intends that no more than four licenses to operate a racetrack with West Virginia Lottery table games in this state shall be permitted in any event.

(b) Grant of license. -- Upon the passage of a local option election in a county in accordance with the provisions of section seven of this article, the commission shall immediately grant a West Virginia Lottery table games license, and a license for the right to conduct West Virginia Lottery table games as assignee to the intellectual property rights of the state, to allow the licensee to conduct West Virginia table games at the licensed pari-mutuel racetrack identified on the local option election ballot, provided that racetrack holds a valid racetrack video lottery license issued by the commission pursuant to article twenty-two-a of this chapter and a valid racing license granted by the West Virginia Racing Commission pursuant to the provision of article twenty-three, chapter nineteen of this code and has otherwise met the requirements for licensure under the provisions of this article and the rules of the commission.

(c) Location. -- A racetrack table games license authorizes the operation of West Virginia Lottery table games on the grounds of the particular licensed facility identified in the racetrack video lottery license issued pursuant to article twenty-two-a and the license to conduct horse or dog racing issued pursuant to article twenty-three, chapter nineteen of this code.

(d) Floor plan submission requirement. -- Prior to commencing the operation of any table games in a designated gaming area, a racetrack table games licensee shall submit to the commission for its approval a detailed floor plan depicting the location of the designated gaming area in which table games gaming equipment will be located and its proposed arrangement of the table games gaming equipment. Any floor plan submission that satisfies the requirements of the rules promulgated by the commission shall be considered approved by the commission unless the racetrack table games licensee is notified in writing to the contrary within one month of filing a detailed floor plan.

(e) Management service contracts. --

(1) Approval. -- A racetrack table games licensee may not enter into any management service contract that would permit any person other than the licensee to act as the commission’s agent in operating West Virginia Lottery table games unless the management service contract is: (A) With a person licensed under this article to provide management services; (B) is in writing; and (C) the contract has been approved by the commission.

(2) Material change. -- The licensed racetrack table games licensee shall submit any material change in a management service contract previously approved by the commission to the commission for its approval or rejection before the material change may take effect.

(3) Prohibition on assignment or transfer. -- A management services contract may not be assigned or transferred to a third party.

(4) Other commission approvals and licenses. -- The duties and responsibilities of a management services provider under a management services contract may not be assigned, delegated, subcontracted or transferred to a third party to perform without the prior approval of the commission. Third parties must be licensed under this article before providing service. The commission may by rule clarify application of this subdivision and provide exceptions to its application. The commission shall license and require the display of West Virginia Lottery game logos on appropriate game surfaces and other gaming items and locations as the commission considers appropriate.

(f) Coordination of licensed activities. -- In order to coordinate various licensed activities within racetrack facilities, the following provisions apply to licensed racetrack facilities:

(1) The provisions of this article and of article twenty-two-a of this chapter shall be interpreted to allow West Virginia Lottery table games and racetrack video lottery operations under those articles to be harmoniously conducted in the same designated gaming area.

(2) On the effective date of this article, the provisions of section twenty-three of this article apply to all video lottery games conducted within a racetrack facility, notwithstanding any inconsistent provisions contained in article twenty-two-a of this chapter to the contrary.

(3) On and after the effective date of this article, vacation of the premises after service of beverages ceases is not required, notwithstanding to the contrary any inconsistent provisions of this code or inconsistent rules promulgated by the Alcohol Beverage Control Commissioner with respect to hours of sale of those beverages, or required vacation of the premises.

(g) Fees, expiration date and renewal. --

(1) An initial racetrack table games license fee of $1,500,000 shall be paid to the commission at the time of issuance of the racetrack table games license, regardless of the number of months remaining in the license year for which it is issued. All licenses expire at the end of the day on June 30 each year.

(2) The commission shall annually renew a racetrack table games license as of July 1, of each year provided the licensee:

(A) Successfully renews its racetrack video lottery license under article twenty-two-a of this chapter before July 1;

(B) Pays to the commission the annual license renewal fee of $2,500,000 required by this section at the time it files its application for renewal of its license under article twenty-two-a of this chapter: Provided, That only for the license year beginning July 1, 2013, the annual license renewal fee shall be $1,500,000; and

(C) During the current license year, the licensee complied with all provisions of this article, all rules adopted by the commission and all final orders of the commission applicable to the licensee.

(3) Annual license surcharge for failure to construct hotel on premises. -- It is the intent of the Legislature that each racetrack for which a racetrack table games license has been issued be or become a destination tourism resort facility. To that end, it is important that each racetrack for which a racetrack table games license has been issued operate a hotel with significant amenities. Therefore, in addition to all other taxes and fees required by the provisions of this article, there is hereby imposed, upon each racetrack for which a racetrack table games license has been issued an annual license surcharge, payable to the commission in the amount of $2,500,000 if that racetrack does not operate a hotel on its racing property that contains at least one hundred fifty guest rooms with significant amenities within three years of the passage of the local option election in its county authorizing table games at the racetrack, provided the time for completion of the hotel shall be extended by the same number of days as the completion of the hotel is delayed by a force majeure events or conditions beyond the reasonable control of the racetrack licensee. The surcharge shall be paid upon each renewal of its racetrack table games license made after the expiration of the three year period, and may be extended by the above force majeure events or conditions, until the racetrack opens a qualifying hotel.

(4) If the licensee fails to apply to renew its license under article twenty-three, chapter nineteen and article twenty-two-a, chapter twenty-nine of this code until after the license expires, the commission shall renew its license under this article at the time it renews its license under article twenty-two-a of this chapter provided the licensee has paid the annual license fee required by this section and during the preceding license year the licensee complied with all provisions of this article, all rules adopted by the commission and all final orders of the commission applicable to the licensee.

(h) Facility qualifications. -- A racetrack table games licensee shall demonstrate that the racetrack with West Virginia Lottery table games will: (1) Be accessible to disabled individuals in accordance with applicable federal and state laws; (2) be licensed in accordance with this article, and all other applicable federal, state and local laws; and (3) meet any other qualifications specified in rules adopted by the commission.

(i) Surety bond. -- A racetrack table games licensee shall execute a surety bond to be given to the state to guarantee the licensee faithfully makes all payments in accordance with the provisions of this article and rules promulgated by the commission. The surety bond shall be:

(1) In the amount determined by the commission to be adequate to protect the state against nonpayment by the licensee of amounts due the state under this article;

(2) In a form approved by the commission; and

(3) With a surety approved by the commission who is licensed to write surety insurance in this state. The bond shall remain in effect during the term of the license and may not be canceled by a surety on less than thirty days’ notice in writing to the commission. The total and aggregate liability of the surety on the bond is limited to the amount specified in the bond.

(j) Authorization. -- A racetrack table games license authorizes the licensee act as an agent of the commission in operating an unlimited amount of West Virginia Lottery table games while the license is active, subject to subsection (d) of this section. A racetrack table games license is not transferable or assignable and cannot be sold or pledged as collateral.

(k) Audits. -- When applying for a license and annually thereafter prior to license renewal, a racetrack table games licensee shall submit to the commission an annual audit, by a certified public accountant, of the financial transactions and condition of the licensee’s total operations. The audit shall be made in accordance with generally accepted accounting principles and applicable federal and state laws.

(l) Commission office space. -- A racetrack table games licensee shall provide to the commission, at no cost to the commission, suitable office space at the racetrack facility for the commission to perform the duties required of it by this article and the rules of the commission.

Following discussion,

The question being on the adoption of the Finance committee amendment to the bill (Eng. Com. Sub. for S. B. No. 615), and on this question, Senator Carmichael demanded the yeas and nays.

The roll being taken, the yeas were: Beach, Cann, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--24.

The nays were: Blair, Boley, Carmichael, Cole, M. Hall, Nohe, Sypolt and Walters--8.

Absent: Barnes and Jenkins--2.

So, a majority of those present and voting having voted in the affirmative, the President declared the Finance committee amendment to bill adopted.

The bill (Com. Sub. for S. B. No. 615), as amended, was then ordered to engrossment and third reading.

On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, April 3, 2013, at 10 a.m.

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