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sdj-28th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

TWENTY-EIGHTH DAY

____________

Charleston, W. Va., Tuesday, February 8, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)

Prayer was offered by the Reverend Rodney Smith, Bethany Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 7, 2011,
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.
Senator Kessler (Acting President) presented a communication from the Court of Claims, submitting its annual report, in accordance with chapter fourteen, article two, section twenty-five of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 200, Correcting names of state institutions of higher education.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 2910;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 200--A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-2A-1 of said code, all relating to correcting names of certain state institutions of higher education.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 200, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Barnes and Tomblin (Mr. President)--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 200) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Barnes and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 200) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 2, Requesting DOH name County Routes 1 and 3 "Glen Rogers Coal Miner Memorial Highway".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 3, Requesting DOH name bridge in Pendleton County "Korean War Veterans Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 8, Requesting DOH name segment of U. S. Route 33 "Sergeant Clinton M. Hedrick and World War II Veterans Memorial Highway".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 9, Requesting DOH name bridge on U. S. Route 220 in Smoke Hole, Pendleton County, "Pendleton County Vietnam Veterans Memorial Bridge".
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. 2503--A Bill to amend and reenact §30-27-5 of the Code of West Virginia, 1931, as amended, relating to licensure requirements for barbers and cosmetologists; requiring licensees to present government identification; and authorizing the board to retain identification information.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2750--A Bill to amend and reenact §49-6-3 and §49-6-5 of the Code of West Virginia, 1931, as amended, all relating to making the commission of sexual assault or sexual abuse an additional consideration a judge may use in issuing an order to temporarily or permanently end a parent-child relationship.
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. Com. Sub. for House Bill No. 2752--A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended, relating to municipal police departments; increasing the maximum age for persons applying for examination for original appointment to an applicable municipal police civil system from thirty-five to forty years.
Referred to the Committee on Government Organization; and then 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. Com. Sub. for House Bill No. 2860--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-9-5, relating to the authorization of the promulgation of rules by the Governor's Committee on Crime, Delinquency and Correction; meetings; and the composition of advisory committee members.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
Executive Communications

The following communication fixing the times for the special primary and general elections to fill the vacancy in the office of Governor, as required by section two, article ten, chapter three of the code of West Virginia, as amended and reenacted by Enrolled Committee Substitute for House Bill No. 2853, was received and read by the Clerk:
STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

Charleston

A P R O C L A M A T I O N

By the Governor

WHEREAS, I, Earl Ray Tomblin, as President of the Senate of the State of West Virginia, am constitutionally obligated to act as Governor until the vacancy in the office of Governor is filled; and
WHEREAS, The Supreme Court of Appeals of West Virginia, in its Mandate filed January 18, 2011, directed me to issue a proclamation to fix a time for a new statewide election to fill the vacancy in the office of Governor consistent with the provisions of section two, article ten, chapter three of the West Virginia Code; and
WHEREAS, Pursuant to said Mandate and consistent with article VII, section sixteen of the West Virginia Constitution and section two, article ten, chapter three of the West Virginia Code, I issued a proclamation on January 21, 2011, setting October 4, 2011, as the time for the new statewide election to fill the remainder of the unexpired term of former Governor Joe Manchin III; and
WHEREAS, While the January 21, 2011, proclamation has already set the new statewide election for October 4, 2011, today's proclamation is issued to fulfill the requirements of section two, article ten, chapter three of the West Virginia Code, as amended and reenacted by the West Virginia Legislature in House Bill No. 2853, that the person acting as Governor issue a proclamation calling for a special primary election to be held on May 14, 2011, and a special general election to be held on October 4, 2011.
NOW, THEREFORE, I, EARL RAY TOMBLIN, by virtue of the power and authority vested in me by law, and in accordance with article VII, section sixteen of the West Virginia Constitution, section two, article ten, chapter three of the West Virginia Code, as amended and reenacted, and the Mandate of the Supreme Court of Appeals of West Virginia filed January 18, 2011, do hereby proclaim the following:
The remainder of the unexpired term in the office of Governor created by the resignation of former Governor Joe Manchin III on November 15, 2010, shall be filled by a new election pursuant to the foregoing authorities. The new election shall occur as follows:
1.A special General Election shall be held on October 4, 2011.
2.A special primary election shall be held on May 14, 2011, for the purpose of nominating political party candidates for the special general election.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State of West Virginia, this seventh day of February, in the year of our Lord, Two Thousand Eleven, and in the One Hundred Forty-Eighth year of the State.

EARL RAY TOMBLIN,
Governor.
By the Governor:

NATALIE E. TENNANT,
Secretary of State.

The Clerk then presented a communication from His Excellency, the Governor, advising that on February 7, 2011, he had approved Enr. Committee Substitute for House Bill No. 2853.
The Senate proceeded to the fourth order of business.
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. 6, Exempting all military retirement income from state income tax.
And,
Senate Bill No. 425, Increasing salary of Adjutant General.
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,
Erik P. Wells,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 122, Authorizing DEP promulgate legislative rule relating to requirements governing water quality standards.
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,
William R. Laird IV,
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 Natural 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. 175, Authorizing State Tax Department promulgate legislative rule relating to commercial patent incentives tax credit.
Senate Bill No. 176, Authorizing State Tax Department promulgate legislative rule relating to exchange of information agreement between State Tax Department and WV Lottery.
Senate Bill No. 177, Authorizing State Tax Department promulgate legislative rule relating to exchange of information agreement between State Tax Department and Office of State Fire Marshal.
Senate Bill No. 287, Authorizing Alcohol Beverage Control Commission promulgate legislative rule relating to licensed retailer operations.
Senate Bill No. 288, Authorizing Alcohol Beverage Control Commission promulgate legislative rule relating to licensing of retail outlets.
And,
Senate Bill No. 298, Authorizing Racing Commission promulgate legislative rule relating to thoroughbred racing.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 205, Updating certain terms in Corporation Net Income Tax Act.
And,
Senate Bill No. 215, Updating certain terms in Personal Income Tax Act.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 259, Relating to payment of disability examinations approved by Consolidated Public Retirement Board under certain retirement systems.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 259 (originating in the Committee on Pensions)--A Bill
to amend and reenact §15-2-31 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-11 of said code, all relating to State Police; providing for payment of medical costs of physical disability and/or mental disability examinations approved by the Consolidated Public Retirement Board under the State Police Death, Disability and Retirement plan and the West Virginia State Police Retirement System; providing for reinstatement to active duty under certain conditions of formerly disabled State Police officers considered no longer disabled from law-enforcement work; and providing that a former disability retirant reinstated to active duty with the State Police shall rejoin the retirement system in which originally enrolled with restoration of credited service in force at the time of disability retirement.
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,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 259), 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
Senate Bill No. 338, Permitting state opt out of federal statute preventing residents convicted of certain crimes from receiving certain benefits.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 338 (originating in the Committee on the Judiciary)--A Bill
amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-21; and to amend and reenact §9-9-6 of said code, all relating to permitting the state to opt out of a federal statute that would otherwise not allow a state resident who has been convicted of a felony involving a controlled substance from receiving certain benefits provided by the Social Security Act and the Food Stamp Act.
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,
Corey Palumbo,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 385, Repealing section relating to special penalties for assault and battery on athletic official.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 385 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-2-15a of the Code of West Virginia, 1931, as amended, relating to increasing special penalties for assault and battery on an athletic official so that maximum confinement is consistent with assault and battery on the general public.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
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 Senator Sypolt:
Senate Bill No. 455--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-18-135, relating to having the state pay delinquent child support payments; and having the Bureau for Child Support Enforcement collect payments from delinquent parents.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Unger:
Senate Bill No. 456--A Bill to amend and reenact §5B-1-1a of the Code of West Virginia, 1931, as amended, relating to allowing the Marketing and Communications Office of the Department of Commerce, with the approval of the secretary, to sell partnerships, sponsorships or advertising in its publications, events or promotions.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Klempa, Plymale, Wills, D. Facemire and Yost:
Senate Bill No. 457--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to creating a special registration plate for motor vehicles for the hearing impaired; and setting forth the conditions for the plate's issuance and associated fee.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Laird, Fanning, D. Facemire, Williams, McCabe and Plymale:
Senate Bill No. 458--A Bill to amend and reenact §19-1B-3, §19-1B-4, §19-1B-5, §19-1B-7, §19-1B-11 and §19-1B-12a of the Code of West Virginia, 1931, as amended, all relating to updating the Logging Sediment Control Act; increasing licensure and certification fees; requiring the Division of Forestry to report certain information to the Tax Commissioner on a monthly basis; requiring the Director of the Division of Forestry to notify the Director of the Division of Water and Waste Management of the Department of Environmental Protection of licensure suspension or revocation within thirty days; establishing renewal of licensure and certification on a biennial basis; permitting the director the discretion to immediately suspend a timbering operator or operation, or any part of a timbering operation, in any part of the state; and requiring the Director of the Division of Forestry to convene a committee to review best management practices at least every five years.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Yost, Klempa, Kessler (Acting President), McCabe and Foster:
Senate Bill No. 459--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3 and §5B-2H-4, all relating to creating the Keep Jobs in West Virginia Act; requiring all work performed for the state by contractors be performed in the United States; making legislative findings; permitting the state to seek damages and void contracts for work done outside the country; and providing exceptions.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Laird, Williams, D. Facemire and Fanning:
Senate Bill No. 460--A Bill to amend and reenact §15-10-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §19-1A-6; to amend and reenact §20-7-1 of said code; and to amend and reenact §30-29-1 of said code, all relating to establishing forestry officers and special forestry officers; and providing the Director of the Division of Forestry the power to establish law-enforcement practices and procedures for the division.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Laird, Snyder, Jenkins, Kessler (Acting President), Plymale, Miller, Wills, Nohe and Unger:
Senate Bill No. 461--A Bill to amend and reenact §48-27-903 of the Code of West Virginia, 1931, as amended, relating to providing a criminal penalty for a violation of a restraining order entered upon a conviction for stalking or harassment.
Referred to the Committee on the Judiciary.
By Senators Unger and Kessler (Acting President):
Senate Bill No. 462--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-3-5a, relating to creating The Prompt Pay Act of 2011; requiring invoices to state agencies be paid within sixty days; providing exceptions to three specific agencies whose invoices must be processed within fifteen days; requiring interest be paid on invoices not paid within the prescribed time period; providing exceptions for contested invoices; providing that no agency owes another agency interest on an unpaid invoice; and defining the term "state agency".
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Beach, Browning, Edgell, Fanning, Foster, Green, Klempa, Laird, Miller, Snyder, Stollings, Wills, Yost, Kessler (Acting President), McCabe and Jenkins:
Senate Bill No. 463--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-13-1, §3-13-2, §3-13-3, §3-13-4, §3-13-5 and §3-13-6, all relating to implementing an agreement among the states to elect the President and Vice President by national popular vote; setting forth who may be members to the agreement; establishing the manner of appointing presidential electors in the member states; setting forth the provisions of the agreement that the member states must enact into state law; setting forth the responsibilities of certain officials; and defining terms.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Palumbo, Wills and Kessler (Acting President):
Senate Bill No. 464--A Bill to amend and reenact §61-7A-2 and §61-7A-5 of the Code of West Virginia, 1931, as amended, all relating to the procedure for petitioning to regain the right to possess firearms to comply with the minimum criteria to establish qualifying mental health relief from firearms disabilities under the NICS Improvement Act of 2007 generally.
Referred to the Committee on the Judiciary.
By Senators McCabe, Kessler (Acting President), Browning, Unger, Snyder, Stollings, Plymale, Wells, Palumbo, Beach, Klempa, Yost and Foster:
Senate Bill No. 465--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1 and §5B-2H-2; to amend said code by adding thereto a new section, designated §11-1C-11c; to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D- 7 and §11-6D-8 of said code; to amend said code by adding thereto a new section, designated §11-6D-9; to amend and reenact §11-6F-2 and §11-6F-3 of said code; to amend said code by adding thereto a new section, designated §11-13A-5b; to amend and reenact §11-13R-3 of said code; to amend and reenact §11-13S-3 of said code; to amend and reenact §11-15-8d of said code; and to amend and reenact §24- 2F-3 of said code, all relating generally to the Marcellus Gas and Manufacturing Development Act of 2011, and as to such act providing short title and making legislative findings and declarations; amending and reinstating alternative-fuel motor vehicle tax credit and providing credit for alternative fuel refueling facilities and as to such making legislative findings; stating legislative purpose; defining terms; allowing credit for purchase of alternative fuel motor vehicles, conversion of vehicles to alternative fuel motor vehicles and for commercial and residential alternative fuel refueling facilities; providing for expiration of credits; requiring Tax Commissioner to promulgate rules and design forms; providing for carryover of unused credits and for recapture of credits; amending definition of "manufacturing" for purposes of special method for appraising qualified capital additions to manufacturing facilities for property tax purposes; providing new rules for treatment of certified capital addition property; setting baseline for oil and gas severance tax collections; providing for excess distribution and deposit of excess collections; amending definition of "research and development" for purposes of strategic research and development tax credit; amending definition of "manufacturing" for purposes of manufacturing investment tax credit; providing additional exception to limitation on right to assert sales and use tax exemptions; and clarifying meaning of "natural gas" for purposes of alternative and renewable energy portfolio standard act.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Yost, Kessler (Acting President) and Jenkins:
Senate Bill No. 466--A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-27-18 of said code, all relating to privilege tax on certain occupations and services; reducing the tax on behavioral health services; and providing a definition of that term.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Plymale, Kessler (Acting President), Stollings, Miller, Beach, Chafin and Foster:
Senate Bill No. 467--A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to preventing teachers from being assigned additional responsibilities during planning period without teacher's consent.
Referred to the Committee on Education.
Senators Miller, Klempa, Yost and Wills offered the following resolution:
Senate Concurrent Resolution No. 22--Requesting the Division of Highways to name the bridge located in Renick, Greenbrier County, West Virginia, that spans the Greenbrier River on Auto Road, Bridge Number 13-11-0.54, the "Keene Memorial Bridge".
Whereas, The Keene family was directly responsible for contributing the land for the bridge expansion in the late 1970's. The Keene family members have been Renick and Greenbrier County residents for at least five generations and owners living on the adjacent Renick property since the 1920's. The main resident and long-time landowner began with William Keene, Sr. The subject bridge is located in Renick positioned and connected to a piece of property, also known as the "Keene Farm", "Jonah's Landing" and the "Home Place". The Home Place, or Keene Farm, was sold several years ago under a Jonah Keene trust upon his passing as the last resident and property owner. The current land parcel is officially called "Jonah's Landing", and is an affluent group of estate properties with residents and landowners that include state government leaders and prominent attorneys; and
Whereas, Jonah Keene, was the most recent of the Keene land owners, and was instrumental in deeding the land for the bridge expansion in the late 1970's for the parcel that connects the existing bridge. The Keene family is survived by William Keene, grandson of William Keene Sr., currently of White Sulphur Springs. The Keene family has a rich history and record of military service to this country that spans three wars and tremendous sacrifice. A chronological record of the Keene family's service consists of those Renick and Greenbrier County residents of the Keene family that have served while also having lived on the property in Renick adjacent to the actual bridge site: Paris Keene of Renick, West Virginia, served in the United States Navy at the rank of F1 during WWI from 1918-1920. He served with the Civil Conservation Corp (CCC) during WWII in West Virginia. He is buried in Renick alongside his wife and not far from the bridge. Jonah W. Keene of Renick, West Virginia, and primary landowner of the bridge property and transition, served in the United States Army at the rank of Tec3 during WWII and from 1941 through October 1945 and was part of the Africa Campaign. He is buried in Renick, West Virginia, not far from the bridge. Edward Harvey Keene, resident of Renick, West Virginia, served in the United States Marines from 1953-1962, and post Korean War and in other services between 1933 and 1971. Harvey W. Keene of Renick, West Virginia, served in the United States Army as a Pfc. from 1943-1945 during WWII. Jerry Keene of Renick, West Virginia, and grandson of William Keene, served in the United States Army for 22 years and served during the Vietnam War. Lynne Keene of Renick, West Virginia, also a grandson of William Keene, served in the United States Army during the Vietnam War from 1960-1962; and
Whereas, The contributions, history and involvement of the Keene family in service to this country, their citizenship and long standing history in Renick and Greenbrier County, together with the involvement with the deed to the land that made the bridge possible are factors demonstrating a family lineage of unwavering service to this country and community involvement and spirit that is deserving of lasting recognition and respect; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge located in Renick, Greenbrier County, West Virginia, that spans the Greenbrier River on Auto Road, Bridge Number 13-11-0.54, the "Keene Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Keene Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the surviving Keene family members and the Secretary of the Department of Transportation.

Which, under the rules, lies over one day.
Senators Miller and Yost offered the following resolution:
Senate Concurrent Resolution No. 23--Requesting Acting Governor Earl Ray Tomblin to communicate further with the Congressional Delegation from the State of West Virginia to ask the United States Department of State to make certain demands on the government of the United Arab Emirates.
Whereas, The Government of Abu Dhabi, United Arab Emirates is in arrears on certain of its sovereign obligations; and
Whereas, Some West Virginians have purchased bonds issued by the Government of Abu Dhabi, bonds that are now in arrears and at risk of default; and
Whereas, Repayment of these bonds by the Government of Abu Dhabi would result in significant tax revenues to the State of West Virginia, and also return investors' capital for reinvestment in significant new projects in West Virginia; and
Whereas, Members of the West Virginia Congressional Delegation have attempted to resolve this matter with the Embassy of the United Arab Emirates in Washington, D.C. but without result; therefore, be it
Resolved by the Legislature of West Virginia:
That Acting Governor Ray Tomblin be requested to communicate further with the Congressional Delegation from the State of West Virginia to ask the United States Department of State to make certain demands on the government of the United Arab Emirates; and, be it
Further Resolved, That, pursuant to the United States Constitution, Article 1, Section 8, Paragraph 3, which bestows on the United States Congress the duty to regulate commerce with foreign nations, the Congressional Delegation from the State of West Virginia should renew their resolve and ask their Congressional colleagues and every United States legislator, on a bipartisan basis, to ask the United States Department of State to demand that the government of the United Arab Emirates honor and pay their sovereign financial obligations that are guaranteed by the Government of Abu Dhabi as evidenced by bonds signed by their own officials.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 13, Requesting DOH name State Route 3, between Yawkey and Julian, "LCPL Rodney A. Breedlove Memorial Highway KIA Vietnam 1967".
On unfinished business, coming up in regular order was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the first Resolved clause, by striking out the words "KIA Vietnam 1967";
On page two, in the second Resolved clause, by striking out the words "KIA Vietnam 1967";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 13--Requesting the Division of Highways name State Route 3, located between the communities of Yawkey, Lincoln County, and Julian, Boone County, the "LCPL Rodney A. Breedlove Memorial Highway".
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That the Clerk communication to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 20, Requesting DOH name bridge at I-64, Exit 11, near 16th Street and Hal Greer Boulevard, "Jeffrey P. Ball 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 Concurrent Resolution No. 21, Requesting DOH name bridge on I-79, spanning WV 14, "Hodges Brothers Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 78, Requiring parental consent and accompaniment for minor to use tanning device.
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, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Wills, Yost and Kessler (Acting President)--30.
The nays were: Beach, Sypolt and Williams--3.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 78) 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. 186, Relating to issuing subpoena to aid in criminal investigations involving certain crimes against minors.
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, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 186) 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. 195, Relating to requirements to serve as magistrate.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Beach, Browning, Edgell, K. Facemyer, Foster, Hall, Jenkins, Klempa, McCabe, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--24.
The nays were: Boley, Chafin, D. Facemire, Fanning, Green, Helmick, Laird, Miller and Sypolt--9.
Absent: Tomblin (Mr. President)--1.

So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 195) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 265, Authorizing Board of Parole, with sentencing court's concurrence, modify or waive parolee's restrictions relating to minors.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 438, Relating to election of magistrates by division.
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.
Com. Sub. for Senate Bill No. 196, Relating to criminal offenses of robbery and attempted robbery.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator Barnes, unanimous consent being granted, it was ordered that the Journal show had Senator Barnes been present in the chamber in earlier proceedings today, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 200.
At the request of Senator Green, and by unanimous consent, it was ordered that the Journal show had Senator Green been present in the chamber on yesterday, Monday, February 7, 2011, he would have voted "yea" on the passage of Engrossed Senate Bill No. 342 and Engrossed Senate Bill No. 349.
On motion of Senator Unger, a leave of absence for the day was granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 9, 2011, at 11 a.m.
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