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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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