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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

TWENTY-FIRST DAY

____________

Charleston, W. Va., Tuesday, January 31, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.

    Pending the reading of the Journal of Monday, January 30, 2012,

    On motion of Senator Browning, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the 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. 4107--A Bill to amend and reenact §29-3-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-3-5d, all relating to volunteer firefighters; requiring the State Fire Commission to establish training, equipment and performance standards by legislative rule; and authorizing emergency rules.

    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. 4250--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; 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 Advisory Committee 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 Advisory Committee 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.

    The Senate proceeded to the fourth order of business.

    Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:

    Your Committee on Agriculture has had under consideration

    Senate Bill No. 75, Creating Equine Rescue Facilities Act.

    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 Government Organization.

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Government Organization.

    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. 137, Requiring certain lottery funds be used for public works projects.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on the Judiciary pending.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 291, Authorizing Insurance Commissioner promulgate legislative rule relating to workers' compensation insurance for state agencies.

    With an amendment from the Committee on Banking and Insurance pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Banking and Insurance pending.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 298, Authorizing Office of Miners' Health, Safety and Training promulgate legislative rule relating to application process for Innovative Mine Safety Technology Tax Credit Act.

    And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 324, Authorizing Tax Department promulgate legislative rule relating to tax payment by electronic funds transfer.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 325, Authorizing Tax Department promulgate legislative rule relating to commercial patent incentives tax credit.

    And,

    Senate Bill No. 326, Authorizing Tax Department promulgate legislative rule relating to information exchange agreement with Department of Commerce, DOT and DEP.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    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. 360, Granting personal property purchaser at foreclosure sale right of disposal with notice.

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

    Com. Sub. for Senate Bill No. 360 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-10-13f of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §38-1-16, all relating to creating a procedure for deeming personal property abandoned following a transfer of real property by tax sale or foreclosure; requiring notice to the owner of personal property remaining on real property after the pervious owner has vacated; creating a procedure for notice and setting a thirty-day period for removal of personal property; giving the purchaser of real property the authority to remove personal property after proper notice and waiting period; and prohibiting waiver of notice requirement prior to vacation of property.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Foster, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 369, Permitting Deputy Sheriff Retirement System retirants to modify benefit options upon divorce.

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

    Com. Sub. for Senate Bill No. 369 (originating in the Committee on Pensions)--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.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Dan Foster,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 369), under the original double committee reference, was then referred to the Committee on the Judiciary.

    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. 386, Clarifying entities included in water's-edge group for income tax purposes.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.

    Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:

    Your Committee on Agriculture has had under consideration

    Senate Bill No. 421, Creating Captive Cervid Farming Act.

    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

    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 Senator Tucker:

    Senate Bill No. 459--A Bill to amend and reenact §11-5-12 of the Code of West Virginia, 1931, as amended, relating to the assessment of mobile homes for tax purposes; defining “mobile home”; and classifying mobile homes upon the real estate of the owner as real property.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senator Tucker:

    Senate Bill No. 460--A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended, relating to providing that the minimum appraised value of an automobile be $700 for taxation purposes.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senator Unger:

    Senate Bill No. 461--A Bill to amend and reenact §3-1-50 of the Code of West Virginia, 1931, as amended, relating to election complaint procedure.

    Referred to the Committee on the Judiciary.

    By Senator Barnes:

    Senate Bill No. 462--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 Select Committee on Redistricting.

    By Senator Tucker:

    Senate Bill No. 463--A Bill to amend and reenact §7-11B-3 of the Code of West Virginia, 1931, as amended, relating to tax increment financing; and adding items to those which are excluded from base assessed value and current assessed value of real and personal property.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Palumbo, Laird, Tucker, Edgell, Wills, Jenkins, Browning, Plymale and Klempa:

    Senate Bill No. 464--A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended, relating to child abuse and neglect; and clarifying that a child who is physically healthy and presumed safe is a neglected child if the child is habitually absent from school without good cause.

    Referred to the Committee on Education; and then to the Committee on the Judiciary.

    By Senators Palumbo, Laird, Tucker, Edgell, Wills, Jenkins, Foster and Klempa:

    Senate Bill No. 465--A Bill to amend and reenact §48-27-502 and §48-27-1101 of the Code of West Virginia, 1931, as amended, all relating to domestic violence generally; clarifying that the practice and procedure for domestic violence civil proceedings are governed by court rule; and clarifying that a prohibition against possessing firearms and ammunition is a mandatory provision for domestic violence protective orders.

    Referred to the Committee on the Judiciary.

    By Senators Browning and Klempa:

    Senate Bill No. 466--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5 and §11-13CC-6, all relating to coal slurry disposal; and establishing a corporate net income tax credit for developing alternative technologies for disposal of coal slurry.

    Referred to the Committee on Economic Development; and then to the Committee on Finance.

    By Senators Beach, Kessler (Mr. President), Williams, Sypolt and Klempa:

    Senate Bill No. 467--A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to increasing the number of magistrates in Monongalia County by two.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Kessler (Mr. President), Unger, Browning, Laird, Miller, Palumbo, Beach, Yost, Williams, Plymale, Klempa and McCabe:

    Senate Bill No. 468--A Bill to amend and reenact §29-26-2, §29-26-5 and §29-26-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eight new sections, designated §29-26-7, §29-26-8, §29-26-9, §29-26-10, §29-26-11, §29-26-12, §29-26-13 and §29-26-14, all relating to providing the West Virginia Courthouse Facilities Improvement Authority with the ability to issue bonds to raise funds for paying the costs of approved modifications or construction of courthouse facilities.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators Kessler (Mr. President) and Hall (By Request of the Executive):

    Senate Bill No. 469--A Bill to amend and reenact §5-16-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §5-16-5a and §5-16-5b; to amend said code by adding thereto a new section, designated §5-16D-7; to amend and reenact §11-21-96 of said code; and to amend and reenact §18-9A-24 of said code, all relating to other post-employment benefits generally; directing the Director of the Public Employees Insurance Agency to evaluate and administer programs that ensure the long-term effectiveness of the agency; requiring the director to issue annual progress reports to the Legislature; prohibiting the Public Employees Insurance Agency Finance Board from including in the financial plans any subsidy from the Retiree Health Benefit Trust for the cost of coverage for retired employees who were hired on or after July 1, 2010; creating the Post-July 1, 2010 Employee Trust; allowing appointment of a joint committee; directing a certain amount of personal income tax into the West Virginia Retiree Health Benefit Trust Fund until Governor certifies that trust fund is fully funded or July 1, 2037, whichever date is later; directing an amount of personal income tax into the Post-July 1, 2010 Employee Trust Fund; and specifying that portions of the employer annual required contribution of county boards of education shall be billed to and be a responsibility of the state.

    Referred to the Committee on Finance.

    Senators Chafin, Beach and Klempa offered the following resolution:

    Senate Concurrent Resolution No. 20--Requesting the Division of Highways to name a stretch of highway on County Route 35 from the intersection of WV Route 152 at Missouri Branch, mile point 0.0, to Tank Hollow, mile point 2.89, in Wayne County, the “Crum Brothers Memorial Highway”.

    Whereas, Nelon, John, Hubert and Hobert Crum are brothers, all of whom fought for their country in World War II; and

    Whereas, Nelon Crum was born February 8, 1917, and entered the service on December 9, 1942, and served in the Pacific Theater fighting against the Japanese; and

    Whereas, John Crum was born October 15, 1914, and entered the service on March 25, 1942, and served in the Pacific Theater until January 26, 1946; and

    Whereas, Hubert and Hobert Crum were twins, born on May 29, 1923, and entered the service on April 15, 1943, and fought in the European Theater fighting the Germans; and

    Whereas, Nelon, John, Hubert and Hobert Crum all returned home after the war to lead productive lives, become family men and help their neighbors when in need; and

    Whereas, While Nelon, John and Hubert have passed on, Hobert continues to serve his community; and

    Whereas, Hobert Crum served as Chairman of the Cabwaylingo Forest Foundation for five years; and

    Whereas, Hobert Crum voluntarily built three of the Forest Picnic Shelters and a basketball court; and

    Whereas, The Crum brothers have built many burial caskets for families who could not afford them and aided in digging more than 100 graves; and

    Whereas, It is fitting and proper, for their dedicated service to their country, state and community, that this highway be named to memorialize the lives of the Crum brothers; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name a stretch of highway on County Route 35 from the intersection of WV Route 152 at Missouri Branch, mile point 0.0, to Tank Hollow, mile point 2.89, in Wayne County, the “Crum Brothers Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the “Crum Brothers Memorial Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Hobert Crum.

    Which, under the rules, lies over one day.

    Senators Fanning, Klempa, Beach, Browning and Chafin offered the following resolution:

    Senate Concurrent Resolution No. 21--Requesting the Division of Highways to name bridge number 24-3/2-13.40, in McDowell County and located on County Route 3/2, crossing Trace Fork, the “Adam Bailey Memorial Bridge”.

    Whereas, Adam Bailey was born May 12, 1877 and lived a full life until he passed away December 27, 1957; and

    Whereas, On October 28, 1898, Adam Bailey married Jerusha Little, said marriage producing seventeen children. Sadly, Jerusha passed away but he later married Sally Shrader. This union produced six children; and

    Whereas, Adam Bailey was a pioneer in the Panther Creek area and he and his family lived where the offices of Panther State Forest are located at this day; and

    Whereas, Adam Bailey owned approximately 775 acres along Panther State Forest. In the 1940s, he sold most of the land to the State to complete the boundry of the park. He was quoted as saying that the generations to come could get some good use out the park. He really loved children and his wishes were for the children to have a good place to enjoy activities with their family; and

    Whereas, After 23 children, there are several of Adam Bailey’s descendants still living in the Panther Creek area of McDowell County. Naming a bridge after Adam Bailey near his old homestead and the Bailey family cemetery would be a small tribute to a man who was very well thought of and helped so many people along the way; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 24-3/2-13.40, in McDowell County and located on County Route 3/2, crossing Trace Fork, the “Adam Bailey Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Adam Bailey Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the Secretary of the Department of Transportation and Fred Bailey, Adam Bailey’s great grandson.

    Which, under the rules, lies over one day.

    Senators Yost, Wells, Browning, Unger, Williams, Chafin and Klempa offered the following resolution:

    Senate Resolution No. 16--Urging the Governor of West Virginia to make an appropriation in the budget for the construction of a veterans cemetery to be located in the area of the state between Summersville and Bluefield.

    Whereas, The West Virginia Veterans Coalition was established in 1996 to bring the Veterans Service Organizations together to present issues concerning the 170,000 veterans residing in the State of West Virginia to the Governor and the Legislature; and

    Whereas, The West Virginia Veterans Coalition established a prioritized list of issues to be addressed and one of the priorities was the construction of a state veterans cemetery to be located in the area between Summersville and Bluefield; and

    Whereas, There are currently only two veterans cemeteries in West Virginia, one National Cemetery located in Grafton and the Donald Kinnard State Veterans Cemetery located in Dunbar; and

    Whereas, With a Veterans population of over 170,000, there is a tremendous need for an additional veterans cemetery in West Virginia in the area between Summersville and Bluefield; and

    Whereas, The National Cemetery in Grafton covers the northern part of our state and the Donald Kinnard Cemetery in Dunbar covers the central part of our state which leaves the southern most counties without a veterans cemetery; therefore, be it

    Resolved by the Senate:

    That the Senate hereby urges the Governor of West Virginia to make an appropriation in the budget for the construction of a veterans cemetery to be located in the area of the state between Summersville and Bluefield; and, be it

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

    Which, under the rules, lies over one day.

    At the request of Senator Unger, unanimous consent being granted, the Senate returned to the fourth order of business.

    Senator Foster, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 470 (originating in the Committee on Pensions)--A Bill to amend and reenact §18-7A-25 of the Code of West Virginia, 1931, as amended, relating to medical examinations to qualify for a disability annuity under the Teachers Retirement System.

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

                             Respectfully submitted,

                               Dan Foster,

                                 Chair.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 8, Requesting DOH name bridge at Wellsburg "Bernie Kazienko Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, the same was put and prevailed.

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

    Senate Concurrent Resolution No. 10, Requesting DOH name bridge in Breeden, Mingo County, "Jacob & Ellen Vance Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, the same was put and prevailed.

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

    Senate Concurrent Resolution No. 12, Requesting DOH name bridge in Cassity, Randolph County, "Major Arnold James Zirkle Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, the same was put and prevailed.

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

    Senate Concurrent Resolution No. 13, Requesting DOH name portion of Lincoln County Rt. 8 "Platoon Sergeant John C. Fitzwater Memorial Road".

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, the same was put and prevailed.

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

    Senate Concurrent Resolution No. 14, Requesting DOH name bridge in Nicholas County "Lee Tucker Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, the same was put and prevailed.

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

    Senate Concurrent Resolution No. 18, Requesting Workforce WV name Wayne County building "Rosie the Riveter Building".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 19, Requesting DOH name bridge in Wetzel County "Lt. Howard R. 'Bob' Crothers Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Resolution No. 15, Urging Governor appropriate funds for State Veterans Nursing Home in Beckley, Raleigh County.

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 108, Relating to requirements to serve as magistrate.

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

    On this question, the yeas were: Barnes, K. Facemyer, Foster, Jenkins, Laird, McCabe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, Williams and Kessler (Mr. President)--15.

    The nays were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Green, Hall, Helmick, Kirkendoll, Klempa, Miller, Minard, Nohe, Sypolt, Tucker, Wills and Yost--19.

    Absent: None.

    So, a majority of all the members present and voting not having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 108) rejected.

    Eng. Senate Bill No. 202, Permitting Division of Forestry to enter into stewardship contracts with U. S. Forest Service.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. 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. Senate Bill No. 331, Providing certain persons residing with crime victims prosecutorial notification and right to be heard at sentencing and parole proceedings.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 331) passed with its title.

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

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 31, Relating to voting precincts and standard receiving boards.

    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. 167, Authorizing counties and municipalities accept credit or check card as payment.

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

    Senate Bill No. 367, Relating to liability of real property possessor for trespasser harm.

    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. 382, Relating to sex offender registration.

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

    Senate Bill No. 385, Expanding definition of "computer" in commission of certain crimes.

    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 thirteenth order of business.

    Senator Unger called attention to today being the birthday of the senator from Kanawha and on behalf of the Senate extended felicitations and good wishes to Senator Foster, with Senator Klempa leading the members in singing "Happy Birthday".

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 1, 2012, at 11 a.m.

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