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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

TWENTY-SECOND DAY

____________

Charleston, W. Va., Wednesday, February 1, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend H. John Rogers, Christian Patriotic Front Nondenominational, New Martinsville, West Virginia.

    Pending the reading of the Journal of Tuesday, January 31, 2012,

    On motion of Senator Fanning, 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 Browning, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 9, Relating to Economic Development Authority's loan criteria for tourism projects.

    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,

                               Richard Browning,

                                 Chair.

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

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 10, Increasing age of consent for refusal of mental health treatment.

    And,

    Senate Bill No. 414, Expanding definition of "medical services applicant" under Volunteer for Nonprofit Youth Organizations Act.

    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,

                               Ron Stollings,

                                 Chair.

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

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 54, Relating to minors obtaining tattoos; parental consent.

    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,

                               Ron Stollings,

                                 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 Health and Human Resources pending.

    Senator Wells, from the Committee on Military, submitted the following report, which was received:

    Your Committee on Military has had under consideration

    Senate Bill No. 136, Providing free certified copies of veteran's death certificate.

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

    Com. Sub. for Senate Bill No. 136 (originating in the Committee on Military)--A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to obtaining death certificates of military veterans; providing proof of veteran status; and providing for the issuance to certain persons, without charge, of up to eight certified copies of a veteran’s death certificate by the clerk of the county commission.

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

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 136), under the original double committee reference, was then referred to the Committee on Finance.

    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. 211 (originating in the Committee on Transportation and Infrastructure), Creating secondary traffic offense for texting or using handheld wireless communication device while driving.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 211 (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 §17C-14-15, relating to traffic safety; establishing the offense of operating a motor vehicle while sending or reading a text message or using a wireless communication device without hands-free technology; providing exceptions; providing definitions; and providing penalties.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 270, Authorizing DHHR promulgate legislative rule relating to safety and treatment program.

    And,

    Senate Bill No. 320, Authorizing DHHR Secretary, Insurance Commissioner and Health Care Authority Chair promulgate legislative rule relating to all-payer claims database program's privacy and security.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bills, under the original triple committee references, were 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. 277, Authorizing DHHR promulgate legislative rule relating to wastewater systems and operations.

    With an amendment from the Committee on Health and Human Resources pending;

    And,

    Senate Bill No. 319, Authorizing DHHR Secretary, Insurance Commissioner and Health Care Authority Chair promulgate legislative rule relating to all-payer claims database--data submission requirements.

    With an amendment from the Committee on Health and Human Resources pending;

    And reports the same back with the recommendation that they each do pass as amended by the Committee on Health and Human Resources to which the bills were first referred; but under the original triple committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bills, under the original triple committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Health and Human Resources 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. 278, Authorizing DHHR promulgate legislative rule relating to AIDS-related medical testing and confidentiality.

    With an amendment from the Committee on Health and Human Resources pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as last amended by the Committee on Finance; 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 amendments pending.

    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. 340, Requiring SSAC propose legislative rules relating to concussions and head injuries.

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

    Com. Sub. for Senate Bill No. 340 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25a, relating to defining “youth athletes”; requiring the West Virginia Secondary Schools Activities Commission to promulgate rules that address concussions and head injuries in youth athletes; setting forth minimum provisions to be included in the rules; and exempting volunteer health care provider from liability in certain instances.

    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,

                               Robert H. Plymale,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 340), under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Wells, from the Committee on Military, submitted the following report, which was received:

    Your Committee on Military has had under consideration

    Senate Bill No. 400, Providing late voter registration opportunities under Uniformed and Overseas Citizens Act of 1986.

    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,

                               Erik P. Wells,

                                 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 Military pending.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 416, Relating to issuance of driver's licenses.

    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,

                               Robert D. Beach,

                                 Chair.

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

    Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 419, Revising high-growth business investment tax credit.

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

    Com. Sub. for Senate Bill No. 419 (originating in the Committee on Economic Development)--A Bill to amend and reenact §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5, §11-13U-8, §11-13U-9 and §11-13U-10 of the Code of West Virginia, 1931, as amended, all relating to revising the high-growth business investment tax credit; permitting eligible start-up, early-stage or growth-oriented taxpayers to take the credit; lowering certain gross receipt and payroll requirements; increasing the amount of credit available; requiring the Economic Development Authority to assist in preparing legislative reports; requiring new rules to be promulgated; redefining terms; and changing effective dates.

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

                             Respectfully submitted,

                               Richard Browning,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 419), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 428, Relating to motor vehicle registration of governmental vehicles.

    And,

    Senate Bill No. 441, Exempting special motor vehicle equipment for disabled from sales and privilege taxes.

    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 Finance.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

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

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 429, Relating to motor vehicle classifications.

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

    Com. Sub. for Senate Bill No. 429 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17A-10-1 and §17A-10-3 of the Code of West Virginia, 1931, as amended, all relating to classification of motor vehicles for purpose of registration; changing the definition of “Class A” vehicles by increasing the maximum weight of Class A to include certain vehicles now classified as Class B; establishing the fee for those reclassified vehicles; and defining “Class Farm Truck” as “Class X”.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Robert D. Beach,

                                 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. 436, Facilitating collaboration between public school and higher education systems to promote seamless curricula.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    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. 469, Relating generally to other post-employment benefits.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 469) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

    On suspending the constitutional rule, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Miller and Wells--2.

    The bill was read a second time and ordered to engrossment and third reading.

    Engrossed Senate Bill No. 469 was then read a third time and put upon its passage.

    Pending discussion,

    The question being “Shall Engrossed Senate Bill No. 469 pass?”

    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, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Miller and Wells--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 469) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Miller and Wells--2.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 469) takes effect from passage.

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

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Concurrent Resolution No. 15, Requesting DOH name portion of US Rt. 60 in Rainelle, Greenbrier County, "Major Jackie Willard Sanford Street".

    And reports the same back with the recommendation that it be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Eng. Com. Sub. for House Bill No. 4078, Extending certain deadlines for mandated actions regarding higher education personnel.

    And has amended same.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    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 Palumbo, Laird, Tucker, Edgell, Wills, Unger, Yost, Klempa and Kessler (Mr. President):

    Senate Bill No. 471--A Bill to amend and reenact §27-5-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the West Virginia Supreme Court of Appeals to establish a reasonable fee of compensation for mental hygiene services; and establishing a payment procedure for the compensation.

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

    By Senators Palumbo, Laird, Tucker, Edgell, Wills, Browning, Yost, Klempa, Kessler (Mr. President) and Plymale:

    Senate Bill No. 472--A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation caps for secretary-clerks and case coordinators in the family court system.

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

    By Senators Palumbo, Laird, Tucker, Edgell, Wills, Yost and Klempa:

    Senate Bill No. 473--A Bill to amend and reenact §51-8-8 of the Code of West Virginia, 1931, as amended, relating to county law libraries operated by the Supreme Court of Appeals.

    Referred to the Committee on the Judiciary.

    By Senators Palumbo, Laird, Tucker, Edgell, Wills, Yost, Klempa, Kessler (Mr. President), Plymale and Beach:

    Senate Bill No. 474--A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exempting Supreme Court justices and retired justices from the prohibitions against carrying concealed weapons.

    Referred to the Committee on the Judiciary.

    By Senators Chafin, Browning, Williams, Yost and Wills:

    Senate Bill No. 475--A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to adding an additional magistrate court deputy clerk for Mercer County.

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

    By Senators Palumbo, Unger and Miller:

    Senate Bill No. 476--A Bill to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as amended, relating to changing the filing deadline for certified write-in candidates.

    Referred to the Committee on the Judiciary.

    By Senators Kessler (Mr. President), Unger, Browning, Yost, Klempa and Beach:

    Senate Bill No. 477--A Bill to repeal §20-2-51 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §20-9-1, §20-9-2, §20-9-3, §20-9-4, §20-9-5, §20-9-6 and §20-9-7, all relating to limiting the possession of wild and exotic animals; expressing legislative intent; stating agency jurisdiction; defining certain terms; permitting expansion of the definitions; limiting custody and control of wild and exotic animals; providing a permit for persons who possess a wild and exotic animal prior to effective date; setting forth permit requirements; requiring a notarized permit application and fee; splitting of fee with Division of Natural Resources and county humane and animal control officer or the sheriff, in the alternative; stating exemptions; requiring interagency cooperation; and providing rule-making authority.

    Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

    By Senators Unger, Klempa and Kessler (Mr. President):

    Senate Bill No. 478--A Bill to amend and reenact §20-2-30a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-42y, all relating to creating an apprentice hunting and trapping license; and penalty.

    Referred to the Committee on Natural Resources; and then to the Committee on Finance.

    By Senators Kessler (Mr. President), Jenkins, Stollings and Yost:

    Senate Bill No. 479--A Bill to amend and reenact §19-14-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4 and §19-20C-5, all relating to creating and funding the Spay Neuter Assistance Fund; defining the purposes of the fund; requiring bookkeeping standards and annual reporting; and increasing certain commercial and pet feed registration fees.

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

    By Senators Minard, Jenkins, Williams, Klempa and Wills:

    Senate Bill No. 480--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-2-1c, relating to the issuance of military veteran photo identification cards; establishing requirements; and granting rule-making authority.

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

    By Senators Wills, Edgell, Tucker, Kirkendoll, Unger, Yost, Klempa, Kessler (Mr. President) and Plymale:

    Senate Bill No. 481--A Bill to amend and reenact §29-21-13a of the Code of West Virginia, 1931, as amended, relating to the compensation and expenses for attorneys appointed by circuit courts in child abuse and neglect proceedings.

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

    Senators Stollings, Williams, Yost and Klempa offered the following resolution:

    Senate Concurrent Resolution No. 22--Requesting the Joint Committee on Government and Finance to study the involuntary commitment process in West Virginia and the need to update the process, making it more efficient and effective for all involved parties.

    Whereas, This Legislature recognizes the process of involuntary commitment is an important part of West Virginia’s Behavioral Health System; and

    Whereas, The Comprehensive Behavioral Health Commission and its Advisory Board have recognized that the process as it now stands is not as effective as would be desirable; and

    Whereas, The Commission and Advisory Board have focused specifically on the use of a three-day observation period with no treatment approach, the lack of timeliness of the process, and most importantly the need for more attention to the human aspect of the process; and

    Whereas, The overall process has not been reviewed in detail for decades; and

    Whereas, The complexity and dynamics of the process requires a comprehensive study, including analysis and development of the right improvements and reviewing the effective models employed in other states; and

    Whereas, The Comprehensive Behavioral Health Commission stands ready to participate in the interim study; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the involuntary commitment process in West Virginia and the need to update the process, making it more efficient and effective for all involved parties; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    Which, under the rules, lies over one day.

    Senators Stollings, Unger, Browning, Klempa, Kirkendoll and Beach offered the following resolution:

    Senate Concurrent Resolution No. 23--Requesting the Division of Highways to name bridge number 23-17-18.56 on Route 17 near Ottawa, Boone County, known as the Clothier Beam Bridge, the “Sgt. Ollie McComas, Jr., Memorial Bridge”.

    Whereas, Ollie McComas, Jr., was born on March 29, 1925, to Ollie and Dovetta McComas in Mifflin, Logan County, West Virginia. He grew up and was educated in Boone County; and

    Whereas, Ollie McComas, Jr., entered the United States Army in 1943 and served with the 172 Infantry, 43 Division. He was killed in action on April 20, 1945 in Luzon, Philippines and was buried in Fort William McKinley, Manila, Philippines. Sgt Ollie McComas, Jr., was awarded the Bronze Star and Purple Heart, posthumously, in addition to other campaign ribbons and recognitions. Ollie McComas, Jr., was survived by his sisters, Beatrice Nasby and Garnet Woosck; and

    Whereas, Ollie McComas, Jr., gave his life in the service of his country, one month short of his 20th birthday. It is only fitting and proper that this bridge be named in his honor and that it henceforth stand as a permanent memorial so that Sgt. Ollie McComas, Jr.’s, supreme sacrifice will never be forgotten; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name bridge number 23-17-18.56 on Route 17 near Ottawa, Boone County, known as the Clothier Beam Bridge, the “Sgt. Ollie McComas, Jr., Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Sgt. Ollie McComas, Jr., Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Sgt. Ollie McComas, Jr.

    Which, under the rules, lies over one day.

    Senators Chafin, Stollings, Klempa, Wills and Beach offered the following resolution:

    Senate Concurrent Resolution No. 24--Requesting the Division of Highways to name bridge number 30-6-0.52, in Mingo County, the “Reverend Arnold and Nell Mollette Memorial Bridge”.

    Whereas, The Reverend Arnold Mollette served the Lord for more than 55 years as pastor of the Red Jacket Community Church in Red Jacket, West Virginia; and

    Whereas, The Reverend Arnold Mollette was a charter member of the Red Jacket Kiwanis Club, having held various offices over the years; and

    Whereas, The Reverend Arnold Mollette taught school for more than 25 years, becoming one of the first guidance counselors in the history of Mingo County at Matewan High School; and

    Whereas, The Reverend Arnold Mollette was also a charter member of the Magnolia Ministerial Association, serving in several capacities; and

    Whereas, The Reverend Arnold Mollette served two terms on the Board of Trustees of the South Williamson Appalachian Regional Hospital; and

    Whereas, The Reverend Arnold Mollette was married to his beloved Nell, who also made many contributions to the community; and

    Whereas, Nell Mollette was a teacher for more than 40 years in the public school system at Red Jacket Junior High and Grade School; and

    Whereas, Nell Mollette was a member and leader of the Matewan Woman’s Club and charter member and officer of the RJCC WOTC; and

    Whereas, It is fitting, to honor the Reverend Arnold Mollette and his wife Nell by naming this bridge as a memorial to their lives; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name bridge number 30-6-0.52, in Mingo County, the “Reverend Arnold and Nell Mollette Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Reverend Arnold and Nell Mollette Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of the Reverend Arnold and Nell Mollette.

    Which, under the rules, lies over one day.

    Senators K. Facemyer, Klempa and Beach offered the following resolution:

    Senate Concurrent Resolution No. 25--Requesting the Division of Highways to name a portion of West Virginia Route 62 in Mason County from the New Haven corporate limit, mile point 38.43, to the Bridge of Honor in Mason, mile point 33.36, the “1SG Robert Nicholas Barton II Memorial Highway”.

    Whereas, 1SG Robert Nicholas Barton II was born November 28, 1974, at Fort Knox, Kentucky, the son of Rebecca Ann Paugh Coleman, from New Haven, West Virginia, and Robert Nicholas Barton, who grew up in Mason, West Virginia; and

    Whereas, 1SG Robert Nicholas Barton II loved football (especially Notre Dame) and baseball. His favorite quote, made famous by the Notre Dame Football team was, “Play like a champion today”; and

    Whereas, 1SG Robert Nicholas Barton II was a career soldier who completed six overseas tours of duty in Bosnia (twice), Kuwait, Iraq (twice) and Afghanistan; and

    Whereas, 1SG Robert Nicholas Barton II achieved the rank of First Sergeant of A Company, 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division; and

    Whereas, 1SG Robert Nicholas Barton II was killed in action on June 7, 2010, in the Konar (Kunar) province of Afghanistan, the result of an IED explosion that claimed his life along with four other members of his company. The body of 1SG Robert Nicholas Barton II was located 200 miles down the Konar River on June 23, 2010; and

    Whereas, Services for 1SG Robert Nicholas Barton II were held on July 2, 2010, in Hopkinsville, Kentucky. The funeral took place at the First Baptist Church, followed by a funeral procession escorted by Patriot Guard Riders to the Kentucky Veterans Cemetery-West, right outside Ft. Campbell, where 1SG Robert Nicholas Barton II was buried with full military honors; and

    Whereas, 1SG Robert Nicholas Barton II was survived by his wife, Rebecca Barton, and stepson, Jason Wells; his mother, Rebecca Coleman; maternal grandparents, Rodra Patricia Paugh and Joseph Franklin Paugh; paternal grandparents, Doris Roberts and Robert W. Barton; Brothers, Nathaniel Coleman, Nicholas Barton and Robbie Roush; niece, Ranan Joy Barton; and nephews, Kyle Lee Boles and Phillip Carlos Hall; and

    Whereas, 1SG Robert Nicholas Barton II was posthumously awarded the Bronze Star Medal and the Purple Heart Medal. In addition, he was the recipient of two Bronze Stars, one Meritorious Service Medal, three Army Commendation Medals, three Army Achievement Medals, the Meritorious Unit Commendation, two Army Superior Unit Awards, five Army Good Conduct Medals, two National Defense Service Medals, the Iraq Campaign Medal, the Afghanistan Campaign Medal, the Global War on Terrorism Medal, two Armed Forces Service Medals, three Noncommissioned Officer Professional Development Ribbons, one Army Service Ribbon, three Overseas Campaign Ribbons, one NATO Medal, the Drill Sergeant Identification Badge, the Ranger Tab, the Combat Infantryman Badge, the Expert Infantryman Badge, the Pathfinder Badge, the Air Assault Badge and the Expert Weapons Qualification Badge (M4); and

    Whereas, It is fitting and proper that 1SG Robert Nicholas Barton II be remembered and honored for his courageous action and ultimate sacrifice in defense of our nation; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways name a portion of West Virginia Route 62 in Mason County from the New Haven corporate limit, mile point 38.43, to the Bridge of Honor in Mason, mile point 33.36, the “1SG Robert Nicholas Barton II 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 “1SG Robert Nicholas Barton II 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 to the family of the late 1SG Robert Nicholas Barton II.

    Which, under the rules, lies over one day.

    Senators Kessler (Mr. President), Unger, Jenkins, Foster, Browning, Stollings, Williams, Yost, Klempa and Prezioso offered the following resolution:

    Senate Resolution No. 17--Designating February 1, 2012, as “Community Action Day”.

    Whereas, Community action agencies in the Mountain State work to assist low-income West Virginians; and

    Whereas, Community action agencies strive to find the causes of poverty and how to achieve self-sufficiency; and

    Whereas, Community action agencies have been serving low-income families throughout our 55 counties for more than 40 years; and

    Whereas, Community action agencies conduct programs to meet the needs of low-income West Virginians; and

    Whereas, These programs consist of Head Start, weatherization, housing, energy assistance, home rehabilitation, job training and placement, nutrition for the elderly and children, counseling, health, education welfare reform, family mentoring and many others; and

    Whereas, Community action agencies, in partnerships with elected officials, the private sector and citizens of West Virginia, continue to identify low-income conditions and pursue solutions; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 1, 2012, as “Community Action Day”; and, be it

    Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the value and importance of community action programs in West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Community Action Partnership.

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

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

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Plymale, Unger, Jenkins, Foster, Stollings, Williams, Yost, Klempa, Kessler (Mr. President) and Prezioso offered the following resolution:

    Senate Resolution No. 18--Designating Wednesday, February 1, 2012, as “Digital Learning Day” at the Legislature.

    Whereas, Colleges and careers are computer oriented, yet instruction in K-12 school systems remains the same as fifty years ago; and

    Whereas, The United States is ranked twenty-first in science out of the top thirty industrialized countries; and

    Whereas, Incorporating digital learning modules into our education curricula will help bridge this achievement gap; and

    Whereas, The goals of digital learning are to prepare students with the required skills to succeed in college and careers in the twenty-first century; therefore, be it

Resolved by the Senate:

    That the Senate hereby designates Wednesday, February 1, 2012, as “Digital Learning Day” at the Legislature; and, be it

    Further Resolved, That the Senate recognizes the importance of digital learning to the future of our economy; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to former Governor Bob Wise, President of the Alliance for Excellent Education.

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

    Senators Foster, Unger, Jenkins, Browning, Stollings, Williams, Yost, Klempa, Kessler (Mr. President) and Prezioso offered the following resolution:

    Senate Resolution No. 19--Designating February 1, 2012, as “Social Work Day” at the Legislature.

    Whereas, Social workers are positive change agents who dedicate their careers to helping people transform their lives, or improving environments that make such progress possible; and

    Whereas, More than 640,000 trained Social Work professionals in the United States work tirelessly in agencies, hospitals, hospices, schools, universities, legislatures, private practices, corporations and the military; and

    Whereas, Social workers are advocates for access, equality and fairness; and

    Whereas, Social workers improve the fabric of society by caring for those who have been left behind, or for those who have lost their voice; and

    Whereas, Social workers help people explore new opportunities in the face of serious life changes and challenges; and

    Whereas, The Social Work profession was established more than 100 years ago to help Americans overcome poverty, illness, addiction, abuse, discrimination and other adversities to reach their full potential; and

    Whereas, The Social Work profession works to change systems and customs that limit the ability of vulnerable individuals and groups to lead fulfilling and productive lives; and

    Whereas, Schools of Social Work train socially conscious people to make a real difference in the world through service and leadership; and

    Whereas, Social Workers strengthen communities, expand options and work to facilitate humane changes in policies and legislation that improve the lives of everyone; and

    Whereas, Everyday, Social Workers wake up believing they give an individual, a family, or a community renewed hope in the future; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 1, 2012, as “Social Work Day” at the Legislature; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing social workers.

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

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

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Kessler (Mr. President), Unger, Jenkins, Browning, Stollings, Williams, Yost, Klempa and Prezioso offered the following resolution:

    Senate Resolution No. 20--Recognizing the Society of Human Resource Management for its hard work and dedication.

    Whereas, The Society of Human Resource Management is a professional organization; and

    Whereas, The Society of Human Resource Management submits certification qualification standards set down by the Human Resource Certification Institute; and

    Whereas, The Society of Human Resource Management certifies members voluntarily through the rigorous testing of the Human Resource Certification Institute; and

    Whereas, The Society of Human Resource Management has hundreds of professional members throughout West Virginia and quarter million members in the United States; and

    Whereas, West Virginia has seven state chapters and four student chapters and represents hundreds of organizations and employers in West Virginia; and

    Whereas, The Society of Human Resource Management believes in respect for the thousands of workers in West Virginia that its professionals manage; and

    Whereas, The Society of Human Resource Management practitioners dedicate themselves to legal compliance, bridging the gap between employees, employers and legal authorities; and

    Whereas, The Society of Human Resource Management rigorously enforces on its members an established code of ethics; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the Society of Human Resource Management for its hard work and dedication; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Society of Human Resource Management.

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

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

    Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the second order of business and the introduction of guests.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 20, Requesting DOH name portion of Wayne County Rt. 35 "Crum Brothers Memorial Highway".

    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. 21, Requesting DOH name bridge in McDowell County "Adam Bailey 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. 16, Urging Governor appropriate funds for veterans cemetery in southern WV.

    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. 31, Relating to voting precincts and standard receiving boards.

    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, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Miller and Wells--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 31) passed with its title.

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

    Eng. Com. Sub. for Senate Bill No. 167, Authorizing counties and municipalities accept credit or check card as payment.

    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, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Miller and Wells--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 167) 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. 367, Relating to liability of real property possessor for trespasser harm.

    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, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Miller and Wells--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 367) passed with its title.

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

    Eng. Com. Sub. for Senate Bill No. 382, Relating to sex offender registration.

    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, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Miller and Wells--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 382) 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. 385, Expanding definition of "computer" in commission of certain crimes.

    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, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Miller and Wells--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 385) 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 tenth order of business.

    Com. Sub. for Senate Bill No. 360, Granting personal property purchaser at foreclosure sale right of disposal with notice.

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

    Senate Bill No. 470, Requiring medical examination by member's physician for TRS disability annuity.

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

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senator Barnes.

    On motion of Senator Unger, leaves of absence for the day were granted Senators Miller and Wells.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 2, 2012, at 11 a.m.

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