sdj-07th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
SEVENTH DAY
____________
Charleston, W. Va., Tuesday, January 17, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Dustin Turner, Youth Minister, United
Christian Fellowship, Middlebourne, West Virginia.
Students from the Clay Community Arts Outreach Program
proceeded in the playing of "Theme from Symphony No. 9" and "Two
Step March".
Pending the reading of the Journal of Monday, January 16,
2012,
On motion of Senator Helmick, the Journal was approved and the
further reading thereof dispensed with.
At the request of Senator Unger, and by unanimous consent,
Senator Unger addressed the Senate requesting a moment of silence
for Hulett C. Smith, former Governor of West Virginia, who passed
away Sunday, January 15, 2012.
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 Miller, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 16, Including checkoff option on tax return
for Jackson's Mill 4-H Camp.
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,
Ronald F. Miller,
Chair.
The bill, 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. 96, Redefining basis for disqualification of
prospective jurors.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 96 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §52-1-8 of the Code
of West Virginia, 1931, as amended, relating to redefining the
basis for disqualification of prospective jurors to include those
who have been convicted of any crime punishable by imprisonment in
excess of one year, perjury or false swearing.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 104, Providing procedure to determine credit
for utility taxpayers with net operating loss carryovers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 104 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §11-24-11b
of the Code of West Virginia, 1931, as amended, relating to the
corporation net income tax; updating terms; amending a credit for
utility taxpayers with net operating loss carryovers; and providing
a different procedure for determining the credit.
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.
The bill (Com. Sub. for S. B. No. 104), 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. 166, Making disarming or attempting to disarm
correctional officer felony.
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,
Corey Palumbo,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate
committees:
By Senators Williams, K. Facemyer, Fanning, Helmick, Miller,
Jenkins, Stollings and Wills:
Senate Bill No. 202--A Bill to amend and reenact §19-1A-4 of
the Code of West Virginia, 1931, as amended, relating to permitting
the Director of the Division of Forestry to enter into stewardship
contracts with the United States Forest Service.
Referred to the Committee on Natural Resources.
By Senators Kessler (Mr. President), Unger, Laird, Miller,
Jenkins, Foster, Klempa, Stollings and Wills:
Senate Bill No. 203--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 and §11-13CC-9, all
relating to establishing a tax credit for certain physicians who
provide certain physician's services at no charge to certain free
health facilities in West Virginia; setting forth findings;
specifying definitions; authorizing credit; specifying the amount
of tax credit; specifying how credit may be asserted; specifying no
credit carryovers; specifying forms and schedules to be established
by the Tax Commissioner; specifying $10,000 maximum credit per
taxpayer per tax year; disallowing application of tax credit if the credit allowed under article thirteen-j of said chapter is allowed
for the same credit base; providing for add back of deductions,
adjustments or modifications to taxable income if based upon the
same activity, in-kind service, donation or contribution for which
credit is taken; authorizing the Tax Commissioner to promulgate
rules; and specifying effective date.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Beach, Edgell, D. Facemire, Unger, Klempa and
Wills:
Senate Bill No. 204--A Bill to amend and reenact §17C-13-5 of
the Code of West Virginia, 1931, as amended, relating to the
removal of vehicles from state highways in order to restore traffic
movement in emergency situations; and liability.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Beach, Edgell, D. Facemire, Klempa and Wills:
Senate Bill No. 205--A Bill to amend and reenact §17C-3-4b of
the Code of West Virginia, 1931, as amended, relating to signage
for construction zones; and other traffic restrictions.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Kessler (Mr. President) and Hall (By Request of the Executive):
Senate Bill No. 206--A Bill to amend and reenact §11-6F-2 and
§11-6F-4 of the Code of West Virginia, 1931, as amended, all
relating to designating certain property as a qualified capital
addition to a manufacturing facility; and extending that property
special valuation for twenty-five years.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 207--A Bill to amend and reenact §11-13A-3b of
the Code of West Virginia, 1931, as amended, relating to the
severance and business privilege tax; and continuing the
discontinuance of the severance and business privilege tax on the
privilege of severing timber.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 208--A Bill to repeal §11-13B-1, §11-13B-2,
§11-13B-3, §11-13B-4, §11-13B-5, §11-13B-6, §11-13B-7, §11-13B-8,
§11-13B-9, §11-13B-10, §11-13B-10a, §11-13B-11, §11-13B-12, §11-
13B-13, §11-13B-14, §11-13B-15, §11-13B-16, §11-13B-17, §11-13B-18 and §11-13B-19 of the Code of West Virginia, 1931, as amended,
relating to the West Virginia Telecommunications Tax Act.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 209--A Bill to amend and reenact §11-21-9 of
the Code of West Virginia, 1931, as amended, relating to updating
the meaning of "federal adjusted gross income" and certain other
terms used in the West Virginia Personal Income Tax Act; and
specifying effective dates.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 210--A Bill to amend and reenact §11-24-3 of
the Code of West Virginia, 1931, as amended, relating to updating
the meaning of "federal taxable income" and certain other terms
used in the West Virginia Corporation Net Income Tax Act in order
for the definitions to conform with the Internal Revenue Code's
definitions.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 211--A Bill to amend and reenact §17B-2-3a of
the Code of West Virginia, 1931,
as amended; and to amend said code
by adding thereto a new section, designated §17C-14-15, all
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; providing penalties;
and making graduated driver's license provisions consistent with
new offenses.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Snyder, Green, Klempa, McCabe, Williams, Sypolt,
Palumbo, Foster, Beach and Wills:
Senate Bill No. 212--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-3-49b, relating to the disruption of emergency
communication; defining terms; and establishing criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Snyder, Palumbo, Minard, Green, Boley, Miller and
Wills:
Senate Bill No. 213--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-3-5d; and to amend and reenact §29-3-9 of said code, all relating to volunteer firefighters; and requiring the State
Fire Commission to establish training, equipment and performance
standards by legislative rule.
Referred to the Committee on Government Organization.
By Senators Snyder, Foster, Browning, Miller, Chafin, Boley,
Jenkins, Stollings and Wills:
Senate Bill No. 214--A Bill to amend and reenact §30-1A-2,
§30-1A-3, §30-1A-5 and §30-1A-6 of the Code of West Virginia, 1931,
as amended, all relating to professions and occupations; revising
the sunrise process; deleting the requirement for substantial
change; and providing for sunrise application when establishing a
scope of practice.
Referred to the Committee on Government Organization.
By Senators Beach, Edgell, D. Facemire, Miller, Klempa and
Wills:
Senate Bill No. 215--A Bill to amend and reenact §17-3A-1 of
the Code of West Virginia, 1931, as amended, relating to funding of
the Industrial Access Road Fund.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Snyder, Palumbo, Minard, Green, Boley and Klempa:
Senate Bill No. 216--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §22-1-15a, relating to authorizing the Secretary of the
Department of Environmental Protection to regulate environmental
sampling by legislative rule.
Referred to the Committee on the Judiciary.
By Senators Beach and Yost:
Senate Bill No. 217--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-14C-49, relating to providing that if a federal tax
on motor fuels should be eliminated an additional state tax would
be imposed in the same amount.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Laird, Foster, Edgell, Plymale, Wills, Boley,
Unger, Miller and Stollings:
Senate Bill No. 218--A Bill to amend and reenact §18A-3-1a and
§18A-3-1b of the Code of West Virginia, 1931, as amended, all
relating to alternative programs for teacher education; providing
definitions and defining "approved education provider"; generally
reorganizing section, updating terms and eliminating duplicative
language; eliminating requirement to post position of alternative
program teacher each year prior to rehiring; authorizing
alternative methods of instructional delivery and candidate
supervision and modifying existing methods; modifying reporting and recommendation requirements; and requiring certain legislative
rules.
Referred to the Committee on Education.
By Senators Beach and Klempa:
Senate Bill No. 219--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17A-2B-1, §17A-2B-2 and §17A-2B-3, all relating to
consolidation of government services and enforcement of laws
pertaining to the motor carrier industry; stating legislative
findings and purpose; designating the Division of Motor Vehicles as
the lead agency to develop a plan for the consolidation; and
requiring the division to report its plan and recommendations for
consolidation to the Joint Committee on Government and Finance.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Beach:
Senate Bill No. 220--A Bill to amend and reenact §19-1A-3 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §20-1-7 of said code, all relating to Coopers Rock State
Forest; transferring the supervisory and jurisdictional
responsibilities of the area of Coopers Rock State Forest located
south of Interstate 68 and the area located north of Interstate 68
known as the trout pond and its immediate environs from the Division of Forestry to the Division of Natural Resources; and
prohibiting the sale of timber from the area of Coopers Rock State
Forest located south of Interstate 68 and the area located north of
Interstate 68 known as the trout pond and its immediate environs.
Referred to the Committee on Natural Resources.
By Senators Beach, Kessler (Mr. President), Miller and
Stollings:
Senate Bill No. 221--A Bill to amend and reenact §18A-3A-2 of
the Code of West Virginia, 1931, as amended, relating to providing
routine education of all professional educators and those school
service personnel having direct contact with students on suicide
prevention by Center for Professional Development; providing for
state board guidelines; and providing for delivery options.
Referred to the Committee on Education.
By Senators Beach, Laird and Klempa:
Senate Bill No. 222--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-5-17a, relating to making it a criminal offense for
any person to intentionally interfere with or prevent an individual
from calling for assistance of emergency service personnel,
including penalties.
Referred to the Committee on the Judiciary.
By Senators Boley and Hall:
Senate Bill No. 223--A Bill to amend and reenact §1-2-3 of the
Code of West Virginia, 1931, as amended, relating to the
composition of congressional districts.
Referred to the Select Committee on Redistricting.
By Senators Minard and Klempa:
Senate Bill No. 224--A Bill to amend and reenact §31A-2-1 of
the Code of West Virginia, 1931, as amended, relating to the change
of names of the Division of Banking or the Department of Banking to
the Division of Financial Institutions; changing the names of the
Commissioner of Banking and the Deputy Commissioner of Banking to
the Commissioner of Financial Institutions and the Deputy
Commissioner of Financial Institutions, respectively; providing
that all references in this code to the Division of Banking or the
Department of Banking shall be read, construed and understood to
mean and have reference to the Division of Financial Institutions;
and providing that all references in this code to the Commissioner
of Banking and the Deputy Commissioner of Banking shall be read,
construed and understood to mean and have reference to the
Commissioner of Financial Institutions and the Deputy Commissioner
of Financial Institutions, respectively.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Government Organization.
By Senators Snyder and D. Facemire:
Senate Bill No. 225--A Bill to amend and reenact §1-2-3 of the
Code of West Virginia, 1931, as amended, relating to the
composition of congressional districts.
Referred to the Select Committee on Redistricting.
Senators Browning, Wills, Edgell, Foster, Plymale, Stollings,
Tucker, Unger, Wells, Boley and Klempa offered the following
resolution:
Senate Concurrent Resolution No. 5--Encouraging the Governor,
Legislature and West Virginia Board of Education to work together
in moving toward implementation of the Ten Elements of High Quality
Digital Learning.
Whereas, As technology becomes an increasingly integral part
of our society, it has become imperative for West Virginia's
students to have digital media incorporated into their learning
curriculums. Many students use digital media in every aspect of
their lives outside of school, yet our approach to learning is
roughly the same as it was fifty years ago. In order to keep
students engaged, we must present information using a format they
are familiar with, such as digital learning; and
Whereas, The traditional approach to learning is resulting in
a great number of West Virginia students dropping out of high
school or graduating unprepared for college or the workforce. This
is evidenced by the high number of students who enter college needing to take developmental courses; and
Whereas, Finding resources to improve the education system is
never easy. However, a high-quality education system should be
viewed as an investment in the future economy that has a high rate
of return. This return is a skilled workforce to fill high-wage
jobs which is a valuable resource for the state; and
Whereas, Digital learning can customize and personalize
education allowing students to learn in their own style and at
their own pace. Digital learning breaks down geographic barriers
allowing every student to enroll in courses they would not
otherwise have access to. Students in the most remote areas can
enroll in high-quality college-prep and career-prep courses taught
by a highly qualified teacher through multiple access points; and
Whereas, Bob Wise, former Governor of West Virginia, and Jeb
Bush, former Governor of Florida, created the Digital Learning
Council to identify policies that will integrate current and future
technological innovations into public education. This Council
included more than 100 leaders from education, government,
philanthropy, business, technology and think tanks; and
Whereas, The Council established Ten Elements of High Quality
Digital Learning which included:
(1) Student Eligibility: All students are digital learners;
(2) Student Access: All students have access to high quality digital content and online courses;
(3) Personalized Learning: All students can customize their
education using digital content through an approved provider;
(4) Advancement: Students progress based on demonstrated
competency;
(5) Content: Digital content, instructional materials and
online and blended learning courses are high quality;
(6) Instruction: Digital instruction and teachers are high
quality;
(7) Providers: All students have access to multiple high
quality providers;
(8) Assessment and Accountability: Student learning is the
metric for evaluating the quality of content and instruction;
(9) Funding: Funding creates incentives for performance,
options and innovation; and
(10) Delivery: Infrastructure supports digital learning; and
Whereas, The West Virginia Board of Education has adopted by
Resolution the Digital Learning Council's Ten Elements of High
Quality Digital Learning; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor, Legislature and West Virginia Board of
Education are encouraged to work together in moving toward
implementation of the Ten Elements of High Quality Digital Learning.
Which, under the rules, lies over one day.
Senators Browning, Wills, Edgell, Foster, Plymale, Stollings,
Tucker, Unger, Wells, Boley, Beach, Klempa and Williams offered the
following resolution:
Senate Concurrent Resolution No. 6--Encouraging the Governor,
Legislature and State Board of Education to work together in moving
toward implementation of the West Virginia Department of
Education's Career and Technical Education College and Career
Readiness Initiative.
Whereas, In 1955, sixty percent of the American
nonprofessional labor force was unskilled and twenty percent
skilled. By 2008, the situation had reversed. Only twelve percent
of the nonprofessional labor force was unskilled and sixty-eight
percent skilled; and
Whereas, It is estimated that one third to one half of jobs
likely to become available in West Virginia in the next decade will
require a two-year associate degree, one-year certificate degree or
other training beyond high school. Therefore, the traditional
"college for all" attitude should be broadened significantly and
changed to a more appropriate "post high-school credential for all"
attitude; and
Whereas, Students need to develop a career plan that includes targeted programs of study in high school and beyond, and these
career plans should identify requisite degrees or certifications
required and/or desirable for students' career choices; and
Whereas, The Department of Education's Career and Technical
Education College and Career Readiness Initiative includes: (1)
Development of career exploration modules for elementary and middle
school students; (2) redesign of the middle level technology
education program to incorporate career exploration modules that
provide career knowledge, awareness and reinforces academic skills;
(3) development of a Global 21.Me Learning Community for all
students; and (4) the establishment of a career/career tech
committee to focus on the transformation of Career Technical
Education for the next decade; and
Whereas, The Global 21.Me Learning Community is a digital
platform for all students that incorporates career exploration;
career planning; personal and career goal setting; personal skill
development; online courses; curriculum-career connections; real
world, career-relevant experiences; personalized curriculum;
project-based learning; organizational and personal productivity
skills; and other components; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor, Legislature and State Board of Education
are encouraged to work together in moving toward implementation of the West Virginia Department of Education's Career and Technical
Education College and Career Readiness Initiative; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor and
the State Board of Education.
Which, under the rules, lies over one day.
Senators Beach, Palumbo, Foster and Klempa offered the
following resolution:
Senate Concurrent Resolution No. 7--Requesting the Division of
Highways to name the bridge on U. S. Route 119, one and a half
miles north of Clendenin at the Thorofare Road Junction, bridge
number 20-59-0.01, in Clendenin, Kanawha County, West Virginia, the
"Smith Brothers Memorial Bridge".
Whereas, Five Smith brothers from Kanawha County, West
Virginia, born to Ralph and Maggie Smith of Clendenin, served in
the United States Army during WWII; and
Whereas, The Smith brothers' service to their nation began in
April 1941, when Wilton Russell Smith, born December 1, 1915, was
inducted, serving with the 150th Infantry thirty-five months patrol
at the Panama Canal, receiving an honorable discharge on October 4,
1945; and
Whereas, Floyd Jacob Smith, born February 14, 1920, entered
service in April, 1942, with the Second Infantry Division, serving in Ireland, England and France, receiving an honorable discharge on
December 3, 1945; and
Whereas, Fred Ervin Smith, born January 24, 1922, entered
service in October, 1942, and headed for the South Pacific with the
5th Air Force, receiving an honorable discharge on December 31,
1945; and
Whereas, Ralph Burton Smith, Jr., born January 3, 1911,
entered the service in December, 1942, and was assigned to the 786
Tank Battalion serving in England, Belgium, Germany and France,
receiving an honorable discharge October 30, 1945; and
Whereas, David Grant Smith, born August 29, 1907, entered the
service in 1944 and served as an MP guarding German prisoners in
Alabama, receiving an honorable discharge February 5, 1945; and
Whereas, All brothers received ribbons and medals commensurate
with the theaters they served with brother Fred being awarded the
Purple Heart, having been wounded in France; and
Whereas, Two of the Smith brothers' families continued with
service to their country during the Vietnam War: Wilton's son,
Bill, and Ralph's son, Danny; and
Whereas, The Smith Brothers, who are still living and range in
ages from 68 years to 83 years, all retired from Union Carbide with
over one-hundred-fifty years total service between them; and
Whereas, The Smith Brothers, unlike many young men who served during this period of our history, returned home safely, for which
their families and communities are grateful; and
Whereas, The Smith Brothers willingly, gallantly and proudly
served their country during WWII and have given much to their
community and state; and
Whereas, The patriotic act of five brothers entering the armed
forces of the United States in a time of world war, while not
unique, is remarkable and their service to protecting the
principles upon which this country was built and their service to
their community and state should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
bridge on U. S. Route 119, one and a half miles north of Clendenin
at the Thorofare Road Junction, bridge number 20-59-0.01, in
Clendenin, Kanawha County, West Virginia, the "Smith Brothers
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed two signs, one on either end of the
bridge, that identify the bridge, in bold and prominent lettering,
as the "Smith Brothers 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 each
Smith brother and to the Commissioner of the Division of Highways.
Which, under the rules, lies over one day.
Senators Tucker, Kessler (Mr. President), Unger, Laird,
Williams and Wills offered the following resolution:
Senate Resolution No. 4--Honoring Command Sergeant Major Roger
C. Beverage for his service and dedication to his state and
country.
Whereas, On February 4, 2008 Command Sergeant Major Roger
Beverage retired after thirty-seven years, seven months and twenty-
nine days as the highest ranking noncommission officer in the West
Virginia Army National Guard; and
Whereas, Command Sergeant Major Roger C. Beverage is a 1966
graduate of Richwood High School, a 1970 graduate of West Virginia
Institute of Technology with a degree in History and Government,
received a Masters Degree from West Virginia University in 1991 in
Correctional Counseling and a second Masters Degree from Marshall
University in 1997 in Leadership Studies; and
Whereas, Command Sergeant Major Roger C. Beverage started his
military career at Fort Leonard Wood, Missouri. His military
education included Recruit Training School, Skill Qualification
Workshop, Military Police Qualification, Advanced Non Commissioned
Officer School, Combat Engineer Training, Demolition School, (First
and Second Phase), Instructor Training Course, West Virginia
Military Academy, First Sergeant's Course, West Virginia Military Academy, Total Quality Management Training, West Virginia Military
Academy, Battle Focused Instructor Training Course, West Virginia
Military Academy, United States Army Sergeant Major Course, United
States Sergeants Major Academy in Fort Bliss, Texas, and United
States Army Command Sergeants Major Course at the United States
Sergeants Major Academy in Fort Bliss, Texas; and
Whereas, Command Sergeant Major Roger C. Beverage served in
special assignments for the West Virginia National Guard and the
United States Army in Honduras, El Salvador, Uzbekistan, Turkey,
Afghanistan, and a fourteen month combat tour in Iraq as the
Command Sergeant Major of the 1-201st Field Artillery; and
Whereas, Command Sergeant Major Roger C. Beverage assignments
included: On June 3, 1970 as a Military Policeman with the 157th
MP Company in Richwood, West Virginia; November 1, 1976 as Combat
Engineer, Squadron Leader, l092nd Engineer Battalion; January 10,
1980, as Combat Engineer, Platoon Sergeant, 1092nd Engineer
Battalion; September 7, 1990, MSG, Deputy Command, West Virginia
Military Academy; September 1994 SGM, Operation SGM, 111th Engineer
Group; May 14, 1996 as Command Sergeant Major, 77th Troop Command
Brigade; January 1, 1997 as Command Sergeant Major, 77th Troop
Command Brigade; December 18, 2003 as Command Sergeant Major, 1-
201st FA (Deployed to Iraq); and April 12, 2005 as Command Sergeant
Major, Land Component. As Land Component Command Sergeant Major, Command Sergeant Major Beverage was responsible for all soldiers in
the West Virginia Army National Guard; and
Whereas, Command Sergeant Major Roger C. Beverage's federal
awards include: The Bronze Star; Army Achievement Medal 1st, 2nd
and 3rd Award; Army Commendation Medal; Meritorious Service Medal
(3); Meritorious Unit Medal; Good Conduct Medal; Army Reserve
Components Achievement Medal (8); National Defense Service Medal
(3); Global War on Terrorism Expeditionary Medal; Humanitarian
Service Medal (3); Armed Forces Reserve Medal (3) with M Device;
NCO Professional Development Ribbon (4); Army Service Ribbon;
American Spirit Honor Medal; Driver's Badge; Global War on
Terrorism Service Medal; Combat Action Badge; Presidential Unit
Citation; and the Legion of Merit Medal; and
Whereas, Command Sergeant Major Roger C. Beverage's state
awards include: The West Virginia State Ribbon; West Virginia
Emergency Service Ribbon; West Virginia State Service Ribbon; West
Virginia Commendation; West Virginia Meritorious Service Medal;
West Virginia Unit Commendation; West Virginia Achievement Medal;
West Virginia Minute Man Ribbon; and on April 12, 2008 was awarded
the West Virginia Distinguished Service Medal by Governor Joe
Manchin; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Command Sergeant Major Roger C. Beverage for his service and dedication to his state and his
country; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Command Sergeant Major Roger C.
Beverage.
Which, under the rules, lies over one day.
Senators Foster, Palumbo, McCabe, Wells, Edgell, Klempa,
Kessler (Mr. President), Unger, Laird, Miller, Jenkins, Beach and
Stollings offered the following resolution:
Senate Resolution No. 5--Recognizing the statewide
contributions of the Clay Center for the Arts and Sciences of West
Virginia on January 17, 2012.
Whereas, The Clay Center opened its doors on July 13, 2003, as
one of only three venues in the country to combine science, visual
and performing arts in one facility; and
Whereas, The Clay Center's Avampato Discovery Museum is West
Virginia's only interactive science museum; and
Whereas, The Clay Center's Juliet Museum of Art is one of just
four public museums in the West Virginia with a permanent art
collection; and
Whereas, More than fifty thousand students from fifty West
Virginia counties and twenty-one counties in surrounding states
have benefitted from the Clay Center's science and art programs; and
Whereas, More than six hundred fifty West Virginia students
have received free instruments and music lessons through the Clay
Community Arts program; and
Whereas, Through physical outreach presentations and virtual
distance learning programs, close to three thousand students from
across the state have visited the Clay Center without ever leaving
the classroom; and
Whereas, More than 1.3 million people from forty-nine states
have visited the Clay Center since its opening; and
Whereas, Clay Center activities add approximately $16.4
million to West Virginia's economy each year; and
Whereas, Close to four hundred jobs are generated by the Clay
Center; therefore, be it
Resolved by the Senate:
That the Senate hereby honors the Clay Center for the Arts and
Sciences of West Virginia on January 17, 2012; 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 Clay Center for the Arts and Sciences of West
Virginia and its contributions to our state; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Clay Center for the Arts and Sciences of West Virginia.
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
proceeded to the twelfth order of business.
Remarks were made by Senators Snyder and Boley.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Wednesday, January 18, 2012, at 11 a.m.
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