sdj-10th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
TENTH DAY
____________
Charleston, W. Va., Friday, January 20, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jim McQuerry, Associate
Pastor of Worship Ministries, Bible Center Church, Charleston, West
Virginia.
Pending the reading of the Journal of Thursday, January 19,
2012,
On motion of Senator K. Facemyer, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the fourth order of business.
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. 7 (originating in the Committee
on Health and Human Resources), Relating to administration of Naloxone in suspected drug overdoses.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 7 (originating in
the Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-4C-24, relating generally to allowing State Police,
police, sheriffs and fire and emergency service personnel to
possess Naloxone or other approved opioid antagonist to administer
in opioid drug overdoses; defining terms; providing for training;
establishing training requirements for first responders who may
administer opioid antagonists; establishing criteria under which a
first responder may administer an opioid antagonist; granting
immunity to health care providers who prescribe, dispense or
distribute Naloxone or other approved opioid antagonist related to
a training program; granting immunity to initial responders who
administer or fail to administer an opioid antagonist; providing
for data gathering and reporting; and authorizing emergency rule-
making.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 103, Requiring state board establish digital
learning program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 103 (originating in the
Committee on Education)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto two new sections, designated
§18-2-39 and §18-2-40, all relating to improving public education
results; requiring the state board to promulgate a rule
establishing a high-quality digital learning program; specifying
ten elements the program must encompass which are elements
pertaining to student eligibility, student access, personalized
learning, advancement, content, instruction, digital learning
providers, assessment and accountability, funding and delivery;
recognizing the State Board of Education's Global 21 Middle School
initiative including its goals, objectives and process; recognizing
that the State Board of Education is seeking state funding for the
implementation of the initiative; and requiring State Board of
Education to report to the Legislative Oversight Commission on
Education Accountability at certain intervals on the implementation
of the initiative until fully implemented.
And,
Senate Bill No. 186, Providing salary equity supplement
payments to teachers and service personnel.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 186 (originating in the
Committee on Education)--A Bill to amend and reenact §18A-4-2,
§18A-4-5 and §18A-4-8a of the Code of West Virginia, 1931, as
amended, all relating to providing salary equity supplement
payments to teachers and service personnel in order to achieve
salary equity among the counties; specifying the amounts of those
equity supplements; changing the methods of calculating the
difference in salary potential of school employees among the
counties; requiring the Department of Education to request
additional funds if it determines the equity objective is not being
met; clarifying the amount of equity supplement to be paid from
state funds; and deleting obsolete provisions.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bills (Com. Sub. for S. B. Nos. 103 and 186), under the original double committee references, were then referred to the
Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 112, Allowing county boards of education
reassign injured or ill service personnel; compensation.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Unger, Kessler (Mr. President), Browning, Laird,
Klempa and Snyder:
Senate Bill No. 353--A Bill to amend and reenact §61-7-4 and
§61-7-7 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §61-7A-5 of said code, all relating to licenses to carry deadly weapons; providing application requirements;
requiring investigations of applications through the National
Instant Criminal Background Check System; providing definitions;
prohibiting certain persons from possessing or receiving firearms
under federal law; providing exceptions; and providing process for
petitioning to remove firearm-related disabilities.
Referred to the Committee on the Judiciary.
By Senators Klempa, McCabe, Wells, Palumbo, Foster and Yost:
Senate Bill No. 354--A Bill to amend and reenact §3-10-7 and
§3-10-8 of the Code of West Virginia, 1931, as amended, all
relating to vacancies in offices of county commissioner, clerk of
the county commission, clerk of the circuit court, prosecuting
attorney, sheriff, assessor and surveyor.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Klempa, McCabe and Wells:
Senate Bill No. 355--A Bill to amend and reenact §11A-2-2 of
the Code of West Virginia, 1931, as amended, relating to collection
of delinquent taxes.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Stollings, Kessler (Mr. President), Laird, Miller,
Foster, Snyder, Klempa and Jenkins:
Senate Bill No. 356--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-12j; and to amend said code by adding thereto a
new section, designated §11-24-25, all relating to providing a tax
incentive to dental practitioners to perform dental services at no
cost to indigent patients as defined in these sections.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 357--A Bill to amend and reenact §1-2-3 of the
Code of West Virginia, 1931, as amended, relating to the
composition of congressional districts.
Referred to the Committee on Select Committee on
Redistricting.
By Senators Laird, Browning, Foster, Green, Hall, Miller,
Kessler (Mr. President), Unger, Beach and Jenkins:
Senate Bill No. 358--A Bill to amend and reenact §60A-4-410 of
the Code of West Virginia, 1931, as amended, relating to the
possession of multiple prescribed medications or prescriptions for
controlled substances with the same or similar therapeutic medical
purposes; exceptions; limitations; and criminal penalties.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Yost and Kessler (Mr. President):
Senate Bill No. 359--A Bill to amend and reenact §61-3-51 of the Code of West Virginia, 1931, as amended, relating to requiring
sellers of precious metals and gems to provide photo identification
to dealers; requiring the dealers to submit this information to the
State Police; requiring the State Police to create a database of
the transactions that is accessible to all law-enforcement
agencies; and establishing criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Tucker and Plymale:
Senate Bill No. 360--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §38-11-17, relating to the rights of the purchaser of
personal property at a foreclosure sale; and requiring notice be
given.
Referred to the Committee on the Judiciary.
By Senators Tucker and Plymale:
Senate Bill No. 361--A Bill to amend and reenact §48-25-101 of
the Code of West Virginia, 1931, as amended, relating to the name
change publication requirement.
Referred to the Committee on the Judiciary.
By Senators Snyder, Plymale, Unger, Stollings, Kirkendoll,
Helmick, Jenkins, Laird, Barnes, Beach, Edgell and D. Facemire:
Senate Bill No. 362--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-22-18e; to amend and reenact §31-15-16a of said code; and to amend said code by adding thereto a new section,
designated §31-15-16b, all relating to authorizing the issuance of
$52.5 million in bonds for capital improvements for Cacapon Resort
State Park and Beech Fork State Park; and providing that the bonds
are payable from the Education, Arts, Sciences and Tourism Debt
Service Fund.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Klempa, Tucker, Browning, Palumbo, Wells, Nohe,
Sypolt, Beach, Foster and Jenkins:
Senate Bill No. 363--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-
4-6 and §39A-4-7, all relating to creating the Uniform Real
Property Electronic Recording Act; providing short title; defining
terms; clarifying validity of electronic documents and electronic
signatures; providing for recording of electronic documents;
requiring any county clerk implementing the provisions of the act
to comply with established standards; authorizing county clerks to
receive, index, store, archive and transmit electronic documents;
authorizing county clerks to allow public access, search and
retrieval of electronic documents; allowing county clerks to
convert paper documents accepted for recording into electronic
documents; authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property
documents they are authorized by law to collect; authorizing county
clerks to agree with other jurisdictions on procedures or processes
necessary for electronic recording of documents; creating the Real
Property Electronic Recording Standards Council to develop the
standards necessary to electronically record real property
documents; authorizing a legislative rule; providing for a report
and recommendations to the Legislature; providing that members of
the Real Property Electronic Recording Standards Council pay their
own expenses; setting forth areas for consideration when adopting
or changing standards; providing for uniformity of application and
construction of the act; and providing that this act modifies,
limits and supersedes certain parts of the federal Electronic
Signatures in Global and National Commerce Act.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senator Yost:
Senate Bill No. 364--A Bill to amend and reenact §48-23-601 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §48-23-602, all
relating to compiling and making available nonidentifying social
and medical histories of birth parents prior to an adoption.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Laird, Plymale, Beach and Miller:
Senate Bill No. 365--A Bill to amend and reenact §5-16-4 of
the Code of West Virginia, 1931, as amended, relating to the Public
Employees Insurance Agency Finance Board; and changing the
composition of the board.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Government Organization.
By Senators Stollings and Snyder:
Senate Bill No. 366--A Bill to amend and reenact §19-23-13b of
the Code of West Virginia, 1931, as amended, relating to increasing
opportunities for West Virginia accredited thoroughbred racehorses
by adding one West Virginia accredited race per day at each
thoroughbred track; and having West Virginia accredited races not
count in condition eligibility for open races at West Virginia
thoroughbred racetracks.
Referred to the Committee on the Judiciary.
By Senators Williams, Sypolt, Beach and Jenkins:
Senate Bill No. 367--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §55-7-27, relating to the liability of a possessor of
real property for harm to a trespasser.
Referred to the Committee on the Judiciary.
By Senator Hall:
Senate Bill No. 368--A Bill to amend and reenact §17-4-47 of the Code of West Virginia, 1931, as amended, relating to granting
access to unused property of the Division of Highways to real
property owners within a one-mile radius of the land.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Unger and Snyder:
Senate Bill No. 369--A Bill to amend and reenact §7-14D-12 of
the Code of West Virginia, 1931, as amended, relating to modifying
the Deputy Sheriff Retirement System to allow a retirant, upon
divorce, to change the retirement benefit options under certain
circumstances.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Unger, Kessler (Mr. President), Browning, Klempa
and Laird:
Senate Bill No. 370--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-7-16, relating to the transport and storage of
firearms in private vehicles; definition; providing that rules or
policies shall not be established that prohibit a person's lawful
transport or storage of a firearm or ammunition; civil actions for
violations; recovery for employees discharged for violation of rule
or policy prohibited by section; limitation on liability; and
exemptions.
Referred to the Committee on the Judiciary.
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 371--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5B-3a, relating to allowing flexibility within
county school systems; authorizing the State Board of Education to
select a county school system to serve as a county innovation zone
pilot project; authorizing the State Board of Education to
promulgate rules and emergency rules; providing the procedure and
criteria for application and selection as a county innovation zone;
requiring the development of county innovation zone plans and
setting forth their contents; requiring a public meeting to obtain
feedback; permitting exceptions from county and state board rules,
policies and interpretations; permitting exceptions from statutes
subject to legislative approval; requiring annual performance
reviews and reports; and permitting the posting of certain teaching
vacancies.
Referred to the Committee on Education.
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 372--A Bill to amend and reenact §18A-2-12 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §18A-3C-1, §18A-3C-2 and §18A-3C-3, all relating to exclusions from the definition of
"professional personnel" for evaluation purposes; new system of
performance evaluations of professional personnel, specifically
teachers, principals and assistant principals; instituting specific
percentages for the evaluation score based on student performance
and peer evaluations; implementing new standards for teacher
mentoring program; and potential loss of funding for not
instituting new teacher mentoring standards.
Referred to the Committee on Education.
By Senators Unger, Kessler (Mr. President) and Snyder:
Senate Bill No. 373--A Bill to amend and reenact §15-2-3 of
the Code of West Virginia, 1931, as amended, relating to training
at the West Virginia State Police Training Academy; authorizing
entry-level training to be provided without a fee and advanced
training to be provided for a fee; creating a special revenue
account to be known as the Academy Training and Professional
Development Fund; and authorizing expenditures from the fund for
specific training-related expenses.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Klempa, Tucker, Browning, Nohe and Jenkins:
Senate Bill No. 374--A Bill to repeal §46-11-101, §46-11-102,
§46-11-103, §46-11-104, §46-11-105, §46-11-106, §46-11-107 and §46-
11-108 of the Code of West Virginia, 1931, as amended; to amend and reenact §46-2A-103 of said code; to amend and reenact §46-9-102,
§46-9-105, §46-9-307, §46-9-311, §46-9-316, §46-9-317, §46-9-326,
§46-9-406, §46-9-408, §46-9-502, §46-9-503, §46-9-507, §46-9-515,
§46-9-516, §46-9-518, §46-9-607 and §46-9-625 of said code; and to
amend said code by adding thereto nine new sections, designated
§46-9-801, §46-9-802, §46-9-803, §46-9-804, §46-9-805, §46-9-806,
§46-9-807, §46-9-808 and §46-9-809, all relating generally to
amendments to the uniform commercial code; improving the system for
filing financing statements; greater protection for existing
secured party having a security interest in after-acquired property
upon relocation of debtor; reforming the correction statement
process; technical changes; and transition rules.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 375--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5,
§47-26-6, §47-26-7, §47-26-8, §47-26-9, §47-26-10, §47-26-11,
§47-26-12, §47-26-13, §47-26-14, §47-26-15, §47-26-16, §47-26-17,
§47-26-18, §47-26-19, §47-26-20, §47-26-21, §47-26-22, §47-26-23,
§47-26-24, §47-26-25, §47-26-26, §47-26-27, §47-26-28, §47-26-29,
§47-26-30, §47-26-31, §47-26-32, §47-26-33, §47-26-34, §47-26-35,
§47-26-36, §47-26-37, §47-26-38 and §47-26-39, all relating to creating The Uniform Debt Management Services Act; regulating debt
management services providers; providing for the registration of
debt management service providers with the Division of Banking;
defining terms; providing exemptions for certain agreements and
persons; establishing the application information and fees required
for registration; requiring applicants and registrants to provide
the Commissioner of Banking with certain updated information
provided as part of the application; establishing the grounds under
which the commissioner may deny a registration; requiring the
commissioner to act on a registration application within one
hundred twenty days of receipt of the complete application;
requiring an annual renewal of all registrations; requiring
periodic reporting by providers; requiring a surety bond for
registered providers; requiring providers of debt management
services to act in good faith and maintain customer service access
during ordinary business hours; establishing the prerequisites for
providing debt management services; requiring certain provisions in
all contracts to provide debt management services; providing for
the ability to terminate a debt management services agreement upon
notice; providing that all money paid to a debt management services
provider shall be held in trust in an insured bank account;
prohibiting the imposition of a fee or other charge for debt
management services until the provider and customer have signed an
agreement; providing that an individual may void an agreement and recover a refund of any moneys paid; providing a five-year period
for retention of records; establishing prohibited acts and
practices of a debt management services provider; requiring a
provider to provide the commissioner with notice of any civil
litigation against it relating to violation of this article;
requiring certain disclosures in advertising by debt management
services providers; authorizing the Division of Banking to examine
providers for compliance; requiring background investigation of
principals of providers; authorizing the Division of Banking and
the Office of the Attorney General to enforce the act; providing
for private enforcement remedies; and establishing statutes of
limitations.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
Senators Yost, Kessler (Mr. President), Unger, Klempa, Miller,
Beach, Edgell and Laird offered the following resolution:
Senate Concurrent Resolution No. 8--Requesting the Division of
Highways to name bridge number 05-2spur-0.01 over the Ohio River at
Wellsburg, West Virginia, currently known as the Market Street
Bridge, the "Bernie Kazienko Memorial Bridge".
Whereas, Bernard "Bernie" Lee Kazienko was born January 8,
1952 to the late Clara Evelyn Yonder and John Kazienko of
Wellsburg, West Virginia; and
Whereas, Bernie Kazienko was born in Wheeling but spent his entire life living in Wellsburg. Bernie was a star football player
at Wellsburg High School and earned the honor of playing in the
OVAC All-Star game for the State of West Virginia, and earned a
scholarship to Shepherd University. His stay at Shepherd was short
lived and he then returned home to Wellsburg to attend West Liberty
State College and major in Criminal Justice; and
Whereas, Bernie Kazienko proudly served the citizens of Brooke
County as a Sheriff's Deputy for twenty-two years starting in 1974
after training at the West Virginia Police Academy near Charleston.
He rose to the rank of Chief Deputy before being elected Sheriff in
1996. Bernie served for eight years before term limits forced him
out of office. However, Bernie was elected as Brooke County
Commissioner in 2004 for a six year term and was reelected in 2010
for an additional six years; and
Whereas, Bernie Kazienko reintroduced an annual toy drive in
the 1980's that was originally started by his late uncle Hillman
Isinghood in the 1970's, in what has become known as "Bernie's
Kids". Each year monetary donations, and new and gently used toys
are collected for needy children in the area. One poignant story
about Bernie's involvement in this program which speaks to his
great generosity and kind heart happened two years ago on Christmas
Eve when a father from Wellsburg placed a desperate call to Bernie
for help. The man's wife had left him and their three children with
no money for food, much less toys. Bernie and his brother Tom went shopping for toys and food that evening, and when they arrived at
the man's home they found him and his children eating spaghetti
with ketchup on top because it was all they had. Overcome with joy
the young man cried to Tom that there was indeed a Santa Claus and
his name was Bernie Kazienko; and
Whereas, Bernie Kazienko became a stalwart in Charleston
representing Brooke County and the entire Northern Panhandle in
seeking grants from the State. He was elected to the board of
county commissioners. In 2008 Bernie won Wellsburg's Citizen of
the Year Award for outstanding service to the city. In 2011 the
Brooke County Bar Association lobbied and succeeded in having the
newly renovated courtroom at the Brooke County Courthouse renamed
in Bernie's honor due to his efforts in securing funding for the
project as well as his dedication to the county; and
Whereas, Bernie Kazienko also secured the funding and the
space for the new Brooke County Animal Shelter. Bernie and his
family even used their own money to supply the ceramic tile for the
facility. He also spearheaded the turning lane upgrade to West
Virginia Route 2 in Wellsburg to encourage new business on the
road; and
Whereas, Bernie Kazienko was a member of the Upper Ohio Valley
Convention and Visitors Bureau and was instrumental in bringing the
filming of the JJ Abrams and Steven Spielberg movie "Super 8" to
Weirton and other parts of Brooke County; and
Whereas, Sadly, Bernie Kazienko passed away on December 5,
2011, just over one month shy of his sixtieth birthday after a four
year battle with a rare and incurable form of cancer; and
Whereas, Bernie Kazienko was a member of St. John the
Evangelist Church in Wellsburg. He is survived by his son Kirk and
wife Carrie of Wellsburg, daughter Shaney Clifton and her husband
Tracy of Columbus, Ohio, Monica Sickles of Arlington, Virginia,
Lindsay Dolfi and her husband Mike, also of Columbus, Ohio; two
grandsons, Tyrus Clifton and Dominic Dolfi; brothers Charles of
Hoschton, Georgia, Tom of Wellsburg and Mike of Germantown,
Maryland; Sisters Eleanor "Bubs" Manack of Follansbee, West
Virginia, Marion Kleiner of Follansbee and Marsha Kazienko of
Wellsburg. He is also survived by his loving companion Tina Konkle
of Wellsburg. In addition to his parents, he was preceded in death
by his brother John Kazienko of Downers Grove, Illinois; and
Whereas, In his relatively short life on this earth, Bernie
Kazienko did so much to improve the quality of life for the people
of his region, and he touched the hearts of so many in the process;
and
Whereas, It is only fitting and proper that Bernie Kazienko's
many good deeds and important contributions to the City of
Wellsburg, to Brooke County and to the greater northern panhandle
be so honored and remembered; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 05-2spur-0.01 over the Ohio River at Wellsburg, West
Virginia, currently known as the Market Street Bridge, the "Bernie
Kazienko Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed, signs at both ends of the bridge
identifying it as the "Bernie Kazienko 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 Commissioner
of the Division of Highways and to the family of Bernie Kazienko.
Which, under the rules, lies over one day.
Senators Snyder, Unger, Miller, Browning, Wills, Edgell,
Foster, Laird, Fanning and D. Facemire offered the following
resolution:
Senate Resolution No. 7--Opposing the United States Supreme
Court's interpretation of the Constitution in
Citizens United
regarding the constitutional rights of corporations; supporting an
amendment to the Constitution to provide that corporations are not
entitled to the entirety of protections or rights of natural
persons, specifically so that the expenditure of corporate money to
influence the electoral process is no longer a form of
constitutionally protected speech; and calling on Congress to begin
the process of amending the Constitution.
Whereas, In 2010 the United States Supreme Court issued its decision in
Citizens United v. Federal Election Committee, holding
that independent spending on elections by corporations and other
groups could not be limited by government regulations; and
Whereas, This decision rolled back the legal restrictions on
corporate spending in the electoral process, allowing for the
unlimited corporate spending to influence elections, candidate
selection, and policy decisions; and
Whereas, In reaching this decision, a majority of the Supreme
Court, relying on prior decisions, interpreted the First Amendment
of the Constitution to afford corporations the same free speech
protections as natural persons; and
Whereas, In his eloquent dissent, Justice John Paul Stevens
rightly recognized that "corporations have no consciences, no
beliefs, no feelings, no thoughts, no desires. Corporations help
structure and facilitate the activities of human beings, to be
sure, and their 'personhood' often serves as a useful legal
fiction. But they are not themselves members of 'We the People" by
whom and for whom our Constitution was established;" and
Whereas, The Court's decision in
Citizens United severely
hampers the ability of federal, state and local governments to
enact reasonable campaign finance reforms and regulations regarding
corporate political activity; and
Whereas, Corporations should not be afforded the entirety of
protections or "rights" of natural persons, such that the expenditure of corporate money to influence the electoral process
is a form of constitutionally protected speech; and
Whereas, Several proposed amendments to the Constitution have
been introduced in Congress that would allow government to regulate
the raising and spending of money by corporations to influence
elections; therefore, be it
Resolved by the Senate:
That the Senate opposes the United States Supreme Court's
interpretation of the Constitution in
Citizens United regarding the
constitutional rights of corporations; supports an amendment to the
Constitution to provide that corporations are not entitled to the
entirety of protections or rights of natural persons, specifically
so that the expenditure of corporate money to influence the
electoral process is no longer a form of constitutionally protected
speech; and calls on Congress to begin the process of amending the
Constitution; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Clerk of the Supreme Court of the
United States and to the members of Congress from West Virginia.
Which, under the rules, lies over one day.
The Senate proceeded to the ninth order of business.
Senate Bill No. 30, Providing additional means to notify DMV
of purchase of junked vehicle.
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. 96, Redefining basis for
disqualification of prospective jurors.
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. 118, Terminating residential
lease upon tenant death.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Wills, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section eleven, lines thirteen and fourteen, by
striking out the words "a lessee who signed a lease with a now-
deceased lessee,";
And,
On page two, section eleven, line twenty, after the word
"party" by inserting the words "to the lease or their heir,
personal representative, devisee or assignee".
The bill (Com. Sub. for S. B. No. 118), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 129, Relating to descriptions of easements and
rights-of-way.
On second 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.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 100, Relating to fees collected
by circuit court clerks.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 183, Increasing penalties for assault and
battery on athletic official.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Edgell, the name of Senator Edgell
was removed as a sponsor of
Senate Bill No. 199 (Reapportioning
congressional districts).
Pending announcement of meetings of standing committees of the
Senate, including majority and minority party caucuses,
On motion of Senator Unger, the Senate adjourned until Monday,
January 23, 2012, at 1 p.m.
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