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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

THIRTIETH DAY

____________

Charleston, W. Va., Thursday, February 9, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Richard Neal, New Millennium Full Gospel Fellowship Church, St. Albans, West Virginia.

    Pending the reading of the Journal of Wednesday, February 8, 2012,

    On motion of Senator McCabe, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to

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

    On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.

    Whereupon, Senator Kessler (Mr. President) appointed the following conferees on the part of the Senate:

    Senators Plymale, Edgell and Boley.

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

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

    Eng. House Bill No. 4271--A Bill to amend and reenact §31-17-11 of the Code of West Virginia, 1931, as amended, relating to the reporting requirements for residential mortgage lenders and broker licensees; providing that such reporting shall be done through the Nationwide Mortgage Licensing System and Registry for the periods established by the Nationwide Mortgage Licensing System and Registry; preserving the confidentiality of such reports; giving the Commissioner of Banking the discretion to direct that the reports shall be filed directly with the Division of Banking; and replacing the duty of the Commissioner of Banking to provide an aggregate analysis of the information contained in reports with a requirement that the commissioner shall publish annually a list of the licenses issued under this chapter and direct consumers to the public information available through the Nationwide Mortgage Licensing System and Registry.

    Referred to the Committee on Banking and Insurance; 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. 4356--A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to creating a new offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury and providing penalties upon conviction.

    Referred to the Committee on the Judiciary.

    The Senate proceeded to the fourth order of business.

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 37, Requiring certain public works employees complete construction safety program.

    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 Government Organization.

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Government Organization, with an amendment from the Committee on Labor pending.

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 115, Creating Keep Jobs in West Virginia Act.

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

    Com. Sub. for Senate Bill No. 115 (originating in the Committee on Labor)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3 and §5B-2I-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.

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

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 115), under the original double committee reference, was then referred to the Committee on Government Organization.

    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. 156, Allowing Corrections Commissioner use excess funds to offset operational costs.

    Senate Bill No. 208, Repealing Telecommunications Tax Act.

    And,

    Senate Bill No. 215, Specifying unobligated moneys in Industrial Access Road Fund revert to State Road Fund.

    And reports the same back with the recommendation that they each do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 166, Making disarming or attempting to disarm correctional officer felony.

    And has amended same.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 186, Providing salary equity supplement payments to teachers and service personnel.

    And,

    Senate Bill No. 430, Conforming code provisions to Streamlined Sales and Use Tax Agreement.

    And reports the same back with the recommendation that they each do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 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. 321, Authorizing State Police promulgate legislative rule relating to Career Progression System.

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

    Com. Sub. for Senate Bill No. 321 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Military Affairs and Public Safety; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Career Progression System; authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Modified Vehicle Inspection Manual; authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law-enforcement training standards; authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to motor vehicle search standards; and authorizing the Division of Corrections to promulgate a legislative rule relating to fees for electronic monitoring of offenders.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 343 (originating in the Committee on Government Organization), Providing volunteer and part-volunteer fire departments grace period to meet eligibility for certain funds allocation.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 343 (originating in the Committee on Finance)--A Bill to amend and reenact §8-15-8a of the Code of West Virginia, 1931, as amended, relating to the eligibility of volunteer or part-volunteer fire companies or departments to allocation from Municipal Pensions and Protection Fund and the Fire Protection Fund; providing a ninety-day grace period for volunteer fire companies or departments to comply with submission of data; requiring the State Fire Marshal to notify those volunteer fire companies or departments of the dates and grace period; and providing a ninety-day exemption to volunteer fire companies or departments whose records were destroyed from requirements to submit data.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 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. 410, Requiring backup withholding for certain gambling prizes.

    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.

    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. 411, Making electronic cash register automated sales suppression devices unlawful.

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

    Com. Sub. for Senate Bill No. 411 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-22a, relating to electronic cash register automated sales suppression devices; providing definitions; stating it shall be unlawful to willfully and knowingly sell, purchase, install, transfer or possess in this state any automated sales suppression device; providing for penalties; establishing that such devices and software are contraband; and providing for the seizure and destruction of such devices.

    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. 461, Conforming election violation statute to federal code.

    And has amended same.

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

                             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. 471, Authorizing Supreme Court establish mental hygiene commissioners' compensation.

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

    Com. Sub. for Senate Bill No. 471 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §27-5-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the West Virginia Supreme Court of Appeals to establish a reasonable rate of compensation for mental hygiene services; and establishing a payment procedure for the compensation.

    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. 471), 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. 472, Increasing compensation cap of family court secretary-clerks and case coordinators.

    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.

    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. 477, Limiting possession of wild and exotic animals.

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

    Com. Sub. for Senate Bill No. 477 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-2-51 and §20-2-52 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §20-9-1, §20-9-2, §20-9-3, §20-9-4, §20-9-5, §20-9-6, §20-9-7 and §20-9-8, all relating to limiting the possession of wild and exotic animals; revising pet and roadside menagerie permits; expressing legislative intent; stating agency jurisdiction; defining certain terms; permitting expansion of the definitions; limiting custody and control of wild and exotic animals; permitting the Division of Natural Resources to issue a permit for a wild and exotic animal legally possessed prior to the effective date; setting forth permit requirements; requiring a notarized permit application and fee; involving the county animal control officer or the sheriff for inspections; requiring an emergency plan; requiring relinquishment of animal prior to euthanization; compliance with the Animal Welfare Act; providing exemptions; providing for confiscation and disposition of animals; requiring interagency cooperation; providing rule-making and emergency rule-making authority; requiring the division to report to the Joint Committee on Government and Finance; and criminal penalties and fines.

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

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 477), under the original double committee reference, was then referred to the Committee on the Judiciary.

    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. 478, Creating apprentice hunting and trapping license.

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

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

    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,

                               William R. Laird IV,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 478), 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. 486, Relating generally to Judges' Retirement System.

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

    Com. Sub. for Senate Bill No. 486 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §51-9-4, §51-9-6, §51-9-6a and §51-9-6b of the Code of West Virginia, 1931, as amended, all relating to the judicial retirement system; reducing the contribution rate of judges; removing the limitations imposed on judges first appointed or elected after July 1, 2005; authorizing the Consolidated Public Retirement Board to annually establish future participant contribution rates based on the State Actuary’s report; and limiting the participant contribution rate to ten and one-half percent of a participant’s salary.

    With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Pensions; and then, under the original double committee reference, to the Committee on Finance.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    On motion of Senator Palumbo, the bill (Com. Sub. for S. B. No. 486) contained in the foregoing report from the Committee on the Judiciary was referred to the Committee on Pensions; and then, under the original double committee reference, to the Committee on Finance.

    Senator D. Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

    Your Committee on Energy, Industry and Mining has had under consideration

    Senate Resolution No. 12, Encouraging WV corporations endorse Marcellus Principles.

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

                             Respectfully submitted,

                               Douglas E. Facemire,

                                 Chair.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 4107, Relating to volunteer firefighter training.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 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

    Eng. House Bill No. 4291, Relating to county law libraries established by the Supreme Court of Appeals.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:

    By Senators Browning, Snyder, Green, Miller, Beach, Laird, Klempa, Stollings, Foster and Wills:

    Senate Bill No. 546--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to requirements for employment of nurses in public schools; changing the student-school nurse staffing ratio; expanding its coverage to all grades; and eliminating a county's ability to obtain contract services for nursing.

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

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

    Senate Bill No. 547--A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the expungement of certain criminal convictions; permitting expungement of felony convictions involving controlled substances; increasing the amount of time after conviction of a felony before expungement may be sought; and prohibiting the expungement of convictions involving violence against the person, certain sexual offenses, crimes against chastity, morality and decency, the filming of sexually explicit conduct of minors, child abuse and offenses involving explosives.

    Referred to the Committee on the Judiciary.

    By Senator Stollings:

    Senate Bill No. 548--A Bill to amend and reenact §9-6-8 and §9-6-9 of the Code of West Virginia, 1931, as amended, all relating to the confidentiality of adult protective services records; listing persons and entities to whom records may be disclosed; and providing notification procedures of investigations concerning incapacitated adults or facility residents.

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

    By Senators K. Facemyer, Stollings and Kessler (Mr. President):

    Senate Bill No. 549--A Bill to amend and reenact §60-3A-24 of the Code of West Virginia, 1931, as amended, relating generally to penalties and crimes involving sales of liquor; requiring community service instead of the option of jail time for persons who furnish alcohol to those under the age of twenty-one; and requiring community service instead of the option of jail time for those who drink on the premises of a liquor store.

    Referred to the Committee on the Judiciary.

    By Senator Barnes:

    Senate Bill No. 550--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-2-6a, relating to providing a religious exemption to the collection of Social Security numbers and information usable with biometric information when issuing driver’s licenses; and rule-making authority.

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

    By Senator Snyder:

    Senate Bill No. 551--A Bill to amend and reenact §31-17-8 of the Code of West Virginia, 1931, as amended, relating to prohibitions on primary and subordinate mortgage loans.

    Referred to the Committee on Banking and Insurance.

    By Senators Plymale, Browning, Jenkins and Foster:

    Senate Bill No. 552--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-5, §31-21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11, §31-21-12, §31-21-13, §31-21-14, §31-21-15, §31-21-16, §31-21-17, §31-21-18 and §31-21-19, all relating to authorizing the creation of a public nonprofit corporation and governmental instrumentality under the provisions of article two, chapter thirty-one-e of said code, to collectively address several environmental and economic development programs established to promote the productive reuse of idled and underutilized commercial, industrial and mining properties, support more efficient use of existing public infrastructure and encourage increased job creation with living wages, renewed community vitality and tax revenue generation while protecting public health and our natural resources.

    Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.

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

    Senate Bill No. 553--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to creating a personal income tax deduction for persons who choose to spay or neuter their pets.

    Referred to the Committee on Finance.

    By Senators Hall, McCabe, Wells, Palumbo, Stollings and Foster:

    Senate Bill No. 554--A Bill to amend and reenact §3-6-5 of the Code of West Virginia, 1931, as amended, relating to elections and write-in candidates.

    Referred to the Committee on the Judiciary.

    By Senators Laird, Williams, Browning, Palumbo, Snyder, Miller, K. Facemyer, Wills, Green, Stollings, Plymale, Jenkins, Unger and Foster:

    Senate Bill No. 555--A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended, relating to adding an exception to the limitation on the right of a contractor to assert sales and use tax exemptions of a purchaser when the purchaser is a nonprofit youth organization.

    Referred to the Committee on Finance.

    By Senators D. Facemire, Laird and Hall:

    Senate Bill No. 556--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.

    Referred to the Committee on Finance.

    By Senators Foster, Edgell, D. Facemire, Chafin and Klempa:

    Senate Bill No. 557--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6, relating to creating the West Virginia Winner program to promote healthy living, improve lifestyle and increase longevity of West Virginia residents by competing in various athletic and cultural events in the fifty-five counties; providing that the program be administered by the Office of Healthy Lifestyles; and declaring who may participate in the events together with participation fees.

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

    By Senators Laird, Browning, Williams, Wills, Snyder, Miller, K. Facemyer, Palumbo, Green, Chafin, Plymale, Jenkins and Foster:

    Senate Joint Resolution No. 9--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section twelve, relating to exempting the Boy Scouts of America and its affiliates from taxation on certain property that is leased or used to support the organization; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

    Senators Chafin, Williams, Klempa, Stollings, Plymale, Unger and Wills offered the following resolution:

    Senate Concurrent Resolution No. 29--Requesting the Division of Highways to name approximately two miles of County Route 41 from Sweetwater Branch to Gourd Branch in Wayne County, West Virginia, the "Perry Brothers Memorial Highway".

    Whereas, The Perry brothers - Clarence, Raymond, Curtis, Clyde Glen, Woodrow and James - were born in Wayne County, West Virginia, the son of James and Janievee Perry; and

    Whereas, The Perry brothers were raised on Perry Ridge near Wilsondale and attended public schools in Wayne County; and

    Whereas, The seven Perry brothers served their country in the United States Navy, with six of the brothers serving during World War II and the seventh brother serving during the Korean War; and

    Whereas, Two of the Perry brothers remained in the Navy until retirement, while the other Perry brothers returned home to lead productive civilian lives as teachers, a federal mine inspector and a heavy equipment operator; and

    Whereas, The Perry brothers played a significant role in the development of Cabwaylingo State Forest, helping to build trails, recreation buildings and otherwise helping to support the state forest; and

    Whereas, Of the seven Perry brothers who gave such devoted service to their country, only two survive today - Woodrow and James; and

    Whereas, It is only fitting and proper that we acknowledge the Perry brothers for their outstanding service to their country and for lives well-lived. They came of age during the Great Depression, endured numerous hardships for their country in World War II and the Korean War, and then returned home to help build a modern post-war America. Their lives personify the dignity, determination and selfless contribution that led Tom Brokaw to name their generation America's "Greatest Generation"; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name approximately two miles of County Route 41 from Sweetwater Branch to Gourd Branch in Wayne County, West Virginia, the "Perry Brothers Memorial Highway"; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the “Perry Brothers Memorial Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to Woodrow and James Perry and to the Secretary of the Department of Transportation.

    Which, under the rules, lies over one day.

    Senators Stollings, Klempa and Unger offered the following resolution:

    Senate Concurrent Resolution No. 30--Requesting the Division of Highways to name an approximate two-mile stretch of road in Boone County on Route 85 between mile markers 29.80 in Uneeda, West Virginia, and 31.61 in South Madison, West Virginia, the “BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway”.

    Whereas, Michael V. Dunlap and Darrell E. Dunlap were brothers and sons to Edward and Pauline Byus Dunlap of Madison, West Virginia; and

    Whereas, Michael V. Dunlap, the oldest brother, was born on May 13, 1947, in Madison, West Virginia, and died on January 18, 2012; and

    Whereas, Michael V. Dunlap was a proud graduate of Scott High School, Class of 1965; and

    Whereas, Michael V. Dunlap enlisted in the United States Navy in 1966 and was honorably discharged in 1970 after serving two tours in Vietnam and seven campaigns; and

    Whereas, Michael V. Dunlap received several medals for his military service including the Navy/USMC ACH Medal, Navy Good Conduct Medal, the National Defense Medal, the Vietnam Service Medal, the RVN GALL Cross, the Vietnam Campaign Medal and the Cold War Victory Medal; and

    Whereas, After returning home from service, Michael V. Dunlap went to work for and retired from the railroad; and

    Whereas, During his lifetime, Michael V. Dunlap belonged to several organizations including the American Legion Post 0073 in St. Albans, West Virginia; the Disabled American Veterans, Chapter 28; the VFW Post 9097 in Hurricane, West Virginia; the Masonic Lodge 170 in Nitro, West Virginia; the Beni Kedem Shriners of Charleston, West Virginia; and the 32nd Degree Scottish Rite of Charleston, West Virginia; and

    Whereas, Michael V. Dunlap was a proud American and served to the best of his ability in whatever he strived to do; and

    Whereas, Michael V. Dunlap was married to Jacqueline Connie Browning Dunlap for 46 years and together had two children for whom he was extremely proud, Michael V. Dunlap II and Tracy Rae Dunlap; and

    Whereas, Michael V. Dunlap personified the American man who loves God, Family and Country; and

    Whereas, Darrell E. Dunlap, was born on September 16, 1949, and while over two years Michael’s junior, his death preceded his brother Michael’s by many years having been killed in action in Vietnam on February 8, 1968; and

    Whereas, Darrell E. Dunlap, like his brother before him, was a proud graduate of Scott High School, Madison, West Virginia in 1968; and

    Whereas, Darrell E. Dunlap joined the United States Marines at the age of seventeen with his parents’ permission; and

    Whereas, On February 8, 1968, in Quang Tri, South Vietnam, Darrell E. Dunlap volunteered as a stretcher bearer in a hot landing zone with knowledge that he would be under enemy fire as soon as the helicopter landed to evacuate his injured comrades; and

    Whereas, As the helicopter landed, Darrell E. Dunlap was killed instantly when a 120 mm mortar landed close by his side; and

    Whereas, The Dunlap brothers served their country and state with honor, courage and distinction; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name an approximate two mile stretch of road in Boone County on Route 85 between mile markers 29.80 in Uneeda, West Virginia, and 31.61 in South Madison, West Virginia, the “BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to cause to have made two signs that state, in bold and prominent lettering, the “BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway”, and to erect these signs on either end of the identified stretch of road; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the Commissioner of the Division of Highways and to Michael Dunlap’s wife, son and daughter, Jacqueline Connie Dunlap, Michael V. Dunlap II and Tracy Rae Dunlap-Power, respectively, and to Michael and Darrell’s sister, Barbara Bretz, and brother, John Dunlap.

    Which, under the rules, lies over one day.

    Senators Stollings, Klempa, Plymale and Unger offered the following resolution:

    Senate Concurrent Resolution No. 31--Requesting the Division of Highways to name a stretch of highway on County Route 10 from mile marker 7.36 to mile marker 7.06, in the Huff Junction area of Logan County, the “Terry Lee Vance II Memorial Highway”.

    Whereas, Terry Lee Vance II was born on September 26, 1971 to Terry and Linda Vance; and

    Whereas, Terry Lee Vance II graduated from Man High School in 1989 as an Honor Graduate and attended Southern West Virginia Community and Technical College; and

    Whereas, Terry Lee Vance II lived his entire life in the Huff Junction area; and

    Whereas, Terry Lee Vance II died as a result of an automobile accident on September 16, 1995; and

    Whereas, West Virginia University named the “Terry Lee Vance II Memorial Scholarship” after him in 1996 and it is used to support graduates of Man High School who have a grade point average of 2.5 or greater; and

    Whereas, Terry Lee Vance II was always a helping hand and was engaged to be married; and

    Whereas, It is fitting and proper that this highway be named to memorialize the life of Terry Lee Vance II; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name a stretch of highway on County Route 10 from mile marker 7.36 to mile marker 7.06, in the Huff Junction area of Logan County, the “Terry Lee Vance II Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the “Terry Lee Vance II Memorial Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, the parents of Terry Lee Vance II, Terry and Linda Vance, and his brother, Mark Vance.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 27, Urging support for WV Buy American Act.

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

    Senate Concurrent Resolution No. 28, Requesting Secretary of Administration maintain historical display of Capitol construction.

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

    The Senate proceeded to the tenth order of business.

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

    Com. Sub. for Senate Bill No. 404, Relating to issuance of barrister's teaching certificate.

    Senate Bill No. 409, Substituting community service for jail confinement for certain persons convicted of alcohol-related crimes.

    Com. Sub. for Com. Sub. for Senate Bill No. 418, Relating to qualifications of Parole Board members.

    And,

    Com. Sub. for Senate Bill No. 484, Relating generally to child welfare.

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Stollings and Green.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 10, 2012, at 11 a.m.

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