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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

TWENTIETH DAY

____________

Charleston, W. Va., Monday, January 30, 2012

    The Senate met at 1 p.m.

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

    Prayer was offered by Pastor Evan Arkell, Rock Castle Baptist Church, Pineville, West Virginia.

    Pending the reading of the Journal of Friday, January 27, 2012,

    On motion of Senator Yost, 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 and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4238--A Bill to amend and reenact §3-3-1, §3-3-2 and §3-3-2b of the Code of West Virginia, 1931, as amended, relating to the provision of absentee ballots to participants of the Address Confidentiality Program; authorizing program participants to vote an absentee ballot by mail; authorizing the placement of program participants on special absentee voting list; describing duties of the office of the Secretary of State and county officials designated to supervise and conduct absentee voting; and providing for the removal of program participants from the special absentee voting list.

    Referred to the Committee on the Judiciary.

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

    Eng. House Bill No. 4251--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; 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.

    The Senate proceeded to the fourth order of business.

    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. 280, Authorizing Commissioner of Highways promulgate legislative rule relating to state road construction and reconstruction.

    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,

                               Robert D. Beach,

                                 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 Transportation and Infrastructure 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. 281, Authorizing Commissioner of Highways promulgate legislative rule relating to transportation of hazardous wastes.

    And,

    Senate Bill No. 322, Authorizing State Police promulgate legislative rule relating to Modified Vehicle Inspection Manual.

    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,

                               Robert D. Beach,

                                 Chair.

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

    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. 8, Requesting DOH name bridge at Wellsburg "Bernie Kazienko Memorial Bridge".

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

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

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

    And,

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

    And reports the same back with the recommendation that they each be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 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 Tucker, Klempa and Barnes:

    Senate Bill No. 447--A Bill to amend and reenact §29-21-9 of the Code of West Virginia, 1931, as amended, relating to panel attorneys; and providing that an attorney from the public defender office shall be appointed by a judge in certain cases.

    Referred to the Committee on the Judiciary.

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

    Senate Bill No. 448--A Bill to amend and reenact §15-5B-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §15-5B-6; to amend and reenact §22A-1-4 of said code; to amend said code by adding thereto a new section, designated §22A-1-13a; to amend and reenact §22A-1-14 of said code; to amend said code by adding thereto a new article, designated §22A-1A-1, §22A-1A-2, §22A-1A-3 and §22A-1A-4; to amend and reenact §22A-2-2, §22A-2-12, §22A-2-20, §22A-2-24, §22A-2-43, §22A-2-55 and §22A-2-66 of said code; to amend said code by adding thereto a new section, designated §22A-2-43a; to amend said code by adding thereto a new section, designated §22A-6-13; and to amend said code by adding thereto a new section, designated §22A-7-5a, all relating to mine safety generally; requiring coal mine operators to provide reports to and notify certain entities in the event of an emergency; establishing a mine safety anonymous tip hotline; exempting information provided to the hotline from the Freedom of Information Act; permitting the Director of the Office of Miners’ Health, Safety and Training to share information regarding certification suspensions or revocations with other states and to promulgate certain legislative rules; requiring a study be conducted regarding mine inspector qualifications, compensation, training and inspections; creating a criminal offense and establishing criminal penalties for providing advance notice of an inspection or an inspector’s presence at a mine; requiring operators to conduct substance abuse testing during inspections or investigations upon reasonable suspicion; providing for suspension of mining certificates if substance abuse testing refused; requiring coal mining operators to implement substance abuse screening policy and program for certified persons; providing procedures and minimum requirements of substance abuse screening policy and program; requiring substance abuse screening upon preemployment, rehiring or transfer of certified person; requiring coal mine operators to notify the Director of the Office of Miners’ Health, Safety and Training of failed screening tests and certain screening policy violations; requiring immediate suspension of miner certificates as a result of suspensions or revocations for substance abuse in other jurisdictions; providing procedure for board of appeals hearings on certification suspensions and judicial review of board decisions; requiring certified persons to report certain criminal convictions to the Office of Miners’ Health, Safety and Training; providing exemptions from and exceptions to the disclosure of substance abuse screening results; providing procedure for approval, review, comment and enforcement of mine ventilation plans; increasing the number of days an apprentice must work within sight and sound of mine foreman or experienced miner; requiring methane detectors be maintained in accordance with manufacturer specifications; expanding scope of preshift examinations and requiring supplemental examinations in certain instances; increasing the percentage of rock dust to be maintained in coal mines and providing certain information upon request; prescribing actions required to detect and respond to excess methane gas levels in coal mines; prescribing requirements for persons to operate or repair mining machinery; providing for increased training regarding the use of self-contained self-rescue devices; providing additional notification by coal mine operators in the event of an accident; requiring study of and report on the safety of working or traveling in bleeder or gob areas of certain coal mines; and requiring study of and report on education, training and examination associated with certifying miners.

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

    By Senators Klempa, Tucker, Chafin, Palumbo, Wells, Nohe, Sypolt, Kessler (Mr. President), Jenkins and Williams:

    Senate Bill No. 449--A Bill to repeal §39-4-1, §39-4-2, §39-4-3, §39-4-4, §39-4-5, §39-4-6 and §39-4-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §39-4-401, §39-4-402, §39-4-403, §39-4-404, §39-4-405, §39-4-406, §39-4-407, §39-4-408, §39-4-409, §39-4-410, §39-4-411, §39-4-412, §39-4-413, §39-4-414, §39-4-415, §39-4-416, §39-4-417, §39-4-418, §39-4-419, §39-4-420, §39-4-421, §39-4-422 and §39-4-423; to amend said code by adding thereto a new article, designated §39-5-501, §39-5-502, §39-5-503, §39-5-504, §39-5-505, §39-5-506, §39-5-507, §39-5-508, §39-5-509, §39-5-510, §39-5-511, §39-5-512, §39-5-513, §39-5-514, §39-5-515, §39-5-516 and §39-5-517; to amend said code by adding thereto a new article, designated §39-6-601 and §39-6-602; to amend said code by adding thereto a new article, designated §39-7-701, §39-7-702 and §39-7-703; and to amend and reenact §44A-3-3 of said code, all relating to creating the Uniform Power of Attorney Act; repealing the Uniform Durable Power of Attorney Act; providing a short title; providing definitions; setting forth the applicability of the act; providing that the power of attorney is durable; providing for execution, validity and meaning and effect of power of attorney; nominating conservator or guardian and relation of agent to court-appointed fiduciary; providing when power of attorney effective; terminating power of attorney or agent’s authoritySECTION 110. TERMINATION OF POWER OF ATTORNEY OR AGENTS AUTHORITY; providing for coagents and successor agents and their liability; reimbursing and compensating agent and exception; providing for agent’s acceptance of appointment and agent’s duties; exonerating agent in power of attorney and exceptions; providing certain persons judicial relief to construe a power of attorney or review an agent’s conduct; providing for agent’s liability in certain monetary amounts; providing for resignation of agent; accepting and relying upon acknowledged power of attorney and for what a request may be made before accepting the power of attorney; providing for liability for refusing to accept an acknowledged statutory form power of attorney; providing that laws applicable to financial institutions and entities supercede this act; granting specific and general authority under the power of attorney; providing for granting general authority of the agent under a power of attorney which incorporates by reference a subject matter involving real property, tangible personal property, stocks and bonds, commodities and options, financial institutions, operation of an entity or business, insurance and annuities, estates, trusts and other beneficial interests, claims and litigation, personal and family maintenance, benefits from governmental programs or civil or military service, retirement plans, taxes and gifts; providing a statutory form power of attorney form; providing miscellaneous provisions relating to uniformity of application and construction and relating to electronic signatures in the Global and National Commerce Act; providing application of act on existing powers of attorney; and removing provision in the West Virginia Guardianship and Conservatorship Act that a conservator may not revoke or amend a durable power of attorney without approval of the court.

    Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.

    By Senators Laird, Klempa, Williams and Beach:

    Senate Bill No. 450--A Bill to amend and reenact §20-2-22 of the Code of West Virginia, 1931, as amended, relating to tagging of certain game animals; and removing bobcats from the list of species requiring a field tag.

    Referred to the Committee on Natural Resources.

    By Senator K. Facemyer:

    Senate Bill No. 451--A Bill to amend and reenact §29-22B-1202 of the Code of West Virginia, 1931, as amended, relating to prohibiting the issuance or renewal of limited video lottery license for premises within seventy miles of a dog or horse track in West Virginia.

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

    By Senators Hall and Barnes:

    Senate Bill No. 452--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, §11-13CC-6, §11-13CC-7, §11-13CC-8, §11-13CC-9 and §11-13CC-10, all relating to creating the Taxpayer’s Bill of Rights Act; providing a preferred interpretation of the act; requiring voter approval to increase governmental spending or debt; requiring elections; setting forth election provisions; requiring summaries of ballot issues be mailed to voters; providing exceptions; providing for emergency reserves; providing for emergency taxes; providing spending limits; providing revenue limits; defining terms; and providing for civil suits and judicial review.

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

    By Senators Wills, Klempa, Tucker, Snyder, Yost and Kessler (Mr. President):

    Senate Bill No. 453--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-45-2a, relating to the disclosure of insurance coverage.

    Referred to the Committee on Banking and Insurance.

    By Senator Foster:

    Senate Bill No. 454--A Bill to amend and reenact §61-11A-2 and §61-11A-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-12-23 of said code, all relating to adding persons who resided with crime victims to those who are provided notice of matters in the prosecutorial process and the right to be heard at sentencing and parole proceedings.

    Referred to the Committee on the Judiciary.

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

    Senate Bill No. 455--A Bill to amend and reenact §22-11-7b of the Code of West Virginia, 1931, as amended, relating to allowing an affected water intake owner to waive the one-half mile zone requirement contained in water quality standards established by the Department of Environmental Protection.

    Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.

    By Senators Laird, Browning, Unger, Kessler (Mr. President), Jenkins, Klempa, Beach and Barnes:

    Senate Bill No. 456--A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to making it a misdemeanor for child neglect which creates a substantial risk of bodily injury; and penalties.

    Referred to the Committee on the Judiciary.

    By Senators Plymale, Unger, Foster, Kessler (Mr. President), Jenkins and Beach:

    Senate Bill No. 457--A Bill to repeal §18B-16-7, §18B-16-8 and §18B-16-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-16-1, §18B-16-2, §18B-16-3, §18B-16-4, §18B-16-5 and §18B-16-6 of said code, all relating to continuing the Rural Health Initiative; setting forth legislative findings, purpose and definitions; discontinuing the Rural Health Advisory Committee and assigning certain of its duties to the Vice Chancellor for Health Sciences; deleting the requirement for creation of primary health care education sites; clarifying certain funding mechanisms and audit and reporting requirements; strengthening accountability measures; updating names; making technical corrections; and deleting obsolete language.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Education.

    By Senators Hall and Jenkins:

    Senate Bill No. 458--A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating to disbursement where injury is self-inflicted or intentionally caused by the employer.

    Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

    Senators Stollings, Wells, Foster, Jenkins, Klempa and Miller offered the following resolution:

    Senate Concurrent Resolution No. 18--Requesting that Workforce West Virginia name their Wayne County building located at 2699 Park Avenue, Huntington, West Virginia, the “Rosie the Riveter Building”.

    Whereas, While most eligible men served overseas in the Armed Forces during World War II, the country’s war effort depended upon having enough equipment, whether planes or bullets. The circumstances sent many women to serve on the home front, training to take factory jobs formerly held by soldiers; and

    Whereas, Women who took on work in the factories, many of them holding jobs outside the home for the first time in their lives, became known by the collective nickname, Rosie the Riveter; and

    Whereas, Without these women working on the home front, American soldiers overseas would have been without war essentials that could have put winning the war in doubt; and

    Whereas, The service to West Virginia and to the nation as a whole of those dedicated women known as Rosie the Riveter is worthy of recognition; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests Workforce West Virginia to name their Wayne County building located at 2699 Park Avenue, Huntington, West Virginia, the “Rosie the Riveter Building”; and, be it

    Further Resolved, That Workforce West Virginia is hereby requested to cause to be fabricated signs to be erected at the entry of said building, containing bold and prominent letters proclaiming the building to be the “Rosie the Riveter Building”; 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 Commerce and the Executive Director of Workforce West Virginia.

    Which, under the rules, lies over one day.

    Senators Edgell, Kessler (Mr. President), Unger, Klempa and Beach offered the following resolution:

    Senate Concurrent Resolution No. 19--Requesting the Division of Highways to name the bridge on WV Route 2, crossing Fishing Creek in Wetzel County, bridge number 52-2-5.19, as the “Lt. Howard R. ‘Bob’ Crothers Memorial Bridge”.

    Whereas, Lt. Howard R. ‘Bob’ Crothers was born on January 22, 1942 in New Martinsville, West Virginia, the only son of Mr. and Mrs. Billy R. Jeffers; and

    Whereas, Lt. Howard R. ‘Bob’ Crothers was a graduate of Magnolia High School, where he played football, basketball and baseball, and West Liberty State College, where he joined the ROTC; and

    Whereas, Lt. Howard R. ‘Bob’ Crothers achieved the rank of First Lieutenant before being deployed to Vietnam on March 7, 1968, as the Infantry Unit Commander of A Company, 4th Battalion, 31st Infantry, 197th Light Infantry Brigade, Americal Division; and

    Whereas, Lt. Howard R. ‘Bob’ Crothers served his country with honor and distinction until he was killed in action on May 1, 1968 in the Thua Thien Province, South Vietnam, the result of wounds received from a hostile booby trap; and

    Whereas, Lt. Howard R. ‘Bob’ Crothers was posthumously awarded the Purple Heart Medal, the Bronze Star Medal, the National Defense Medal, the Vietnam Service Medal, the Vietnam Campaign Ribbon and the Combat Infantry Badge; and

    Whereas, It is fitting and proper that Lt. Howard R. ‘Bob’ Crothers be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name the bridge on WV Route 2, crossing Fishing Creek in Wetzel County, bridge number 52-2-5.19, as the “Lt. Howard R. ‘Bob’ Crothers 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 “Lt. Howard R. ‘Bob’ Crothers Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of Lt. Howard R. ‘Bob’ Crothers.

    Which, under the rules, lies over one day.

    Senators Unger, Wells, Kessler (Mr. President) and Klempa offered the following resolution:

    Senate Resolution No. 13--Recognizing Leadership Berkeley for its service, dedication and commitment to Berkeley County.

    Whereas, The objective of Leadership Berkeley is to promote knowledge and awareness of the problems, opportunities and issues facing Berkeley County; and

    Whereas, Leadership Berkeley is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Berkeley County; and

    Whereas, The membership of Leadership Berkeley includes individuals from nearly every facet of Berkeley County’s business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and

    Whereas, The 2012 membership of Leadership Berkeley consists of Jared M. Adams, Bowles, Rice, McDavid, Graff & Love LLP; April L. Awad, VA Medical Center; Erika R. Blaylock, VA Medical Center; Laura A. Bohrer, Detailed Destinations; Tina H. Combs, Martinsburg-Berkeley County Chamber of Commerce; Kathy J. Crothers, United Way of the Eastern Panhandle; Monique G. Cuevas, Centra Bank; Marilys F. Gilbert, WVUH-East City Hospital; Andrea M. Hill, Compensated Work Therapy, Veterans Affairs; Wadeea K. Hines, VA Medical Center; Michael B. Hite, Panhandle Printing & Design; Sherri W. Janelle, Blue Ridge Comm. & Technical College; Jimmie R. Jessee, Jr., Decker & Company PPLC; Christina G. Johnson, Panhandle Home Health, Inc.; Laurel K. Lackey, Martin & Seibert, L.C.; Chris M. Lewe, Ecolab; Charles D. Linton, Essroc Italcementi; Jill S. Luckett, Ecolab; Todd C. McKinney, The Outdoor Education Center of For Love of Children; David W. Miller, Training Coordinator - Leadership Berkeley; Pam Neely, State Farm Insurance; Christina A. Nipe, ATS, Inc.; Matt T. Roach, R.M. Roach and Sons; Tina C. Roach, ERA Liberty Realty; Steven B. Shaffer, Bank of Charles Town; Gregory A. Spaulding, Sodexo Management Services; Keleigh L. Taylor, B.O.L.D.; Christine E. Thiel, Berkeley County Public Service Water District; and Pamela L. Toth, Ecolab; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Leadership Berkeley for its service, dedication and commitment to Berkeley County; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Berkeley.

    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 Browning, Kessler (Mr. President), Klempa and Williams offered the following resolution:

    Senate Resolution No. 14--Honoring Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows and the entire Pineville Volunteer Fire Department for their heroic actions in saving the life of Marcia McKinney.

    Whereas, Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows are volunteer firefighters for the Pineville Volunteer Fire Department; and

    Whereas, On the frigid night of February 15, 2011, just before 2 a.m., the department was called out to a three-alarm structure fire; and

    Whereas, Upon arrival to the site of the fire, Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows quickly learned that Marcia McKinney was trapped on the second story of the fully engulfed structure; and

    Whereas, Without regard for their own well-being, Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows took to the roof of the crumbling structure, which was near collapse; and

    Whereas, Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows were able to extract Marcia McKinney from the burning structure through a tiny window and lead her to safety; and

    Whereas, Although Marcia McKinney sustained second and third degree burns over 40 percent of her body, the selfless and courageous actions of Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows saved her life; and

    Whereas, Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows and the entire Pineville Volunteer Fire Department are recognized as true West Virginian heroes and their heroic deed will not be forgotten; therefore, be it

    Resolved by the Senate:

    That the Senate hereby honors Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows and the entire Pineville Volunteer Fire Department for their heroic actions in saving the life of Marcia McKinney; and, be it

    Further Resolved, That the Senate hereby expresses its appreciation to Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows for their courageous act of saving the life of a fellow West Virginian; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Captain Jim Cook, Assistant Chief Mike Vickers and firefighters Greg Meadows and Dwight Meadows, the Pineville Volunteer Fire Department and Marcia McKinney.

    At the request of Senator Browning, 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 Yost, Wells, Browning, Klempa and Williams offered the following resolution:

    Senate Resolution No. 15--Urging the Governor of West Virginia to make an appropriation in the budget for the construction of a State Veterans Nursing Home to be located on the grounds of the Beckley Veterans Administration Medical Center in Beckley, West Virginia.

    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 Nursing Home at the Beckley Veterans Administration Medical Center in Beckley, West Virginia; and

    Whereas, The current State Veterans Nursing Home located at the Clarksburg Veterans Administration Medical Center is currently at it’s maximum capacity and has a large waiting list for admission; and

    Whereas, With a veterans population of over 170,000, there is an overwhelming need for additional nursing home beds to accommodate our veterans as they become unable to take care of themselves; and

    Whereas, The current number of veterans in the Beckley Veterans Administration Medical Center catchment areas is in excess of 39,000 veterans and the Beckley Veterans Administration Medical Center has only fifty extended care rehabilitation beds; and

    Whereas, The construction of the Clarksburg State Veterans Nursing Home gave our veterans in that area an outstanding place to spend their final years with fellow veterans and there is the same need for veterans in the Beckley area; 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 State Veterans Nursing Home to be located on the grounds of the Beckley Veterans Administration Medical Center in Beckley, West Virginia; and, be it

    Further Resolved, That the Senate recognizes that the veterans of West Virginia should be treated with dignity and respect and allowed to spend their final days with fellow veterans in a facility which reflects our appreciation for their service and sacrifices; 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 second order of business and the introduction of guests.

    The Senate then proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 17, Requesting DOH name bridge in Boone County "Fred York 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. 12, Encouraging WV corporations endorse Marcellus Principles.

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 161, Relating to mandatory reporting of child abuse and neglect.

    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. Com. Sub. for S. B. No. 161) 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. 165, Creating criminal offense of sexual contact on incarcerated persons by correctional employees.

    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. Com. Sub. for S. B. No. 165) 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. 209, Updating terms in Personal Income Tax Act.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, 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. 209) 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, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 209) takes effect from passage.

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

    Eng. Senate Bill No. 210, Updating terms in Corporation Net Income Tax Act.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, 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. 210) 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, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 210) takes effect from passage.

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

    Eng. Com. Sub. for Senate Bill No. 221, Creating Jason Flatt Act of 2012.

    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. Com. Sub. for S. B. No. 221) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2012.

    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, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 221) takes effect July 1, 2012.

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

    Eng. Senate Bill No. 224, Renaming Division of Banking as Division of Financial Institutions.

    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. 224) 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, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 224) takes effect from passage.

    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. 108, Relating to requirements to serve as magistrate.

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

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

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

    Senate Bill No. 331, Providing certain persons residing with crime victims parole notification and right to be heard.

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

    The Senate proceeded to the tenth order of business.

    The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

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

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

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

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

    And,

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

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators K. Facemyer and Green.

    At the request of Senator Green, unanimous consent being granted, the Senate stood in observance of a moment of silence in recognition of the fifth anniversary of the Ghent gas station explosion that killed four people and injured five others.

    Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Green were ordered printed in the Appendix to the Journal.

    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 tomorrow, Tuesday, January 31, 2012, at 11 a.m.

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