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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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