__________*__________
Wednesday, September 7, 2005
Pursuant to the Proclamation of His Excellency, the Governor,
issued the sixth day of September, 2005, and hereinafter set forth,
convening the Legislature in Extraordinary Session on the seventh
day of September, 2005, the House of Delegates assembled in its
Chamber in the Capitol Building in the City of Charleston, and at
12:00 p.m., was called to order by the Speaker, the Honorable
Robert S. Kiss.
Prayer was offered and the House was led in recitation of the
Pledge of Allegiance.
The roll being called, (Roll No. 803), and 98 members having
answered to their names, the Speaker declared the presence of a
quorum.
Messages from the Executive
The Speaker laid before the House of Delegates the
Proclamation of His Excellency, the Governor, convening the
Legislature in extraordinary session, which was read by the Clerk,
as follows:
State of West Virginia
EXECUTIVE DEPARTMENT
Charleston
A Proclamation
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority vested in me by Section 7, Article VII of
the Constitution of West Virginia, do hereby call the Legislature
of West Virginia to convene in Extraordinary Session at twelve
o'clock noon, on the seventh day of September, Two Thousand Five,
in its chamber in the State Capitol, City of Charleston, for the
sole purpose of considering and acting upon the following matters:
FIRST: A supplementary appropriation bill to make additional
appropriations to fund the unfunded liabilities of the State
Teachers' Retirement System and the Public Safety Death, Disability
and Retirement System.
SECOND: Legislation relating to the salaries of certain state
officials, state employees, county officials and county employees.
THIRD: Legislation reducing the rate of consumers sales and
service tax and use tax on the sale, purchase and use of food and
food ingredients intended for human consumption by an amount not to
exceed one percent of the "sales price" as defined in subdivision
(35), subsection (b), section two, article fifteen-b, chapter
eleven of the Code of West Virginia.
FOURTH: Legislation prohibiting employers and other persons from improperly evading unemployment compensation taxes and
modifying certain exclusions from the definition of employment for
unemployment compensation purposes.
FIFTH: Legislation including primary elections among those
elections during which additional levy elections may be conducted.
SIXTH: Legislation authorizing department secretaries to
effectuate interdepartmental transfers of employees and the assets
necessary to support such employees.
SEVENTH: Legislation relating generally to legal holidays.
EIGHTH: Legislation to provide for a technical correction to
section twelve, article two-a, chapter fifteen of the Code of West
Virginia, relating to benefits provided under the West Virginia
State Police Retirement System for spouses and children of state
troopers who die in the line of duty.
NINTH: Legislation relating generally to the proposed merger
of the Teachers' Defined Contribution Retirement System and the
State Teachers' Retirement System.
TENTH: Legislation relating to horse and dog racetracks that:
(1) requires both West Virginia horse racetracks to participate in
West Virginia Thoroughbred Development Fund and to have
thoroughbred development programs in place by specified date; (2)
provides for both horse racetracks to be treated alike under
certain other provisions of the article twenty-three, chapter nineteen of the Code; and (3) amends subdivision nine, subsection-
a, section ten-b, article twenty-two-a, chapter twenty-nine of the
Code by making technical corrections and providing for reversion of
racetrack video lottery excess net terminal income diverted from
the racetrack purse funds to workers' compensation debt reduction
fund pursuant to Senate Bill 1004, which took effect January 29,
2005, to revert to racetrack purse after a total amount of eleven
million dollars of net terminal income and excess net terminal
income has been diverted each fiscal year from the purse funds to
the workers' compensation debt reduction fund and for such
diversions to cease altogether once certain conditions are satisfied.
ELEVENTH: Legislation relating to: election receipts and
expenditures and to the requirements for reporting independent
expenditures; disclosure of electioneering communications; written
designation requirements for treasurers of political action
committees and financial agents of candidates; filing of financial
statements as required by the provisions of article eight, chapter
three of the Code of West Virginia; prohibition on corporate
contributions to candidates, financial agents, political committees
or other persons; and limiting contributions to political action
committees and political organizations.
TWELFTH: Certain supplementary appropriation bills.
THIRTEENTH: Certain resolutions.
FOURTEENTH: Legislation relating to audits of persons
receiving state funds or state grants.
FIFTEENTH: Legislation relating to the type of interest rates
and number of series of workers' compensation debt reduction
revenue bonds and permitting for the use of derivative products to
reduce debt service costs, manage interest rate exposure, and
provide other financial benefits; providing that the Governor, in
issuing the proclamation issued pursuant to section eleven, article
two-c, chapter twenty-three of the Code of West Virginia, shall
specify the portion of funds transferring to the company in the new
fund that shall be subject to terms of a surplus note or other loan
arrangement and that such surplus note or other loan arrangement
shall be approved by the Insurance Commissioner.
SIXTEENTH: Legislation to authorize and appropriate the
expenditure of public moneys to pay the expenses of this
extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol, City of
Charleston, State of West Virginia,
this the sixth day of September, in
the year of our Lord, Two Thousand
Five, and in the One Hundred Forty-Third year of the State.
Joe Manchin III,
Governor.
BY THE GOVERNOR
Betty Ireland,
Secretary of State.
The Speaker then laid before the House of Delegates an amended
Proclamation of His Excellency, the Governor, which was read by the
Clerk as follows:
State of West Virginia
EXECUTIVE DEPARTMENT
Charleston
A Proclamation
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority vested in me by Section 7, Article VII of
the Constitution of West Virginia, do hereby AMEND my Proclamation
dated the sixth day of September, Two Thousand Five, calling the
Legislature of West Virginia to convene in Extraordinary Session at
twelve o'clock noon, on the seventh day of September, Two Thousand
Five, in its chamber in the State Capitol, City of Charleston, as
follows:
THIRTEENTH: Certain ceremonial resolutions.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol, City of
Charleston, State of West Virginia,
this the seventh day of September,
in the year of our Lord, Two
Thousand Five, and in the One
Hundred Forty-Third year of the
State.
Joe Manchin III,
Governor.
BY THE GOVERNOR
Betty Ireland,
Secretary of State.
On motion of Delegate Staton, the Speaker was authorized to
appoint a committee of three to notify the Senate that the House of
Delegates had assembled in extraordinary session and was ready to
enter upon the business stated in the Proclamation by which it had
been called together.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Kominar, Varner and G. White.
On motion of Delegate Staton, the Speaker was authorized to
appoint a committee of three, to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor,
that the Legislature had assembled in extraordinary session and was
ready to enter upon the business stated in the Proclamation.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Kominar, Varner and G. White.
Delegate Kominar, from the Committee to notify the Senate that
the House of Delegates had assembled in extraordinary session and
was ready to proceed to the business of the session, announced that
the committee had discharged its duty.
Delegate Kominar, from the Committee to inform His Excellency,
the Governor, that the Legislature had assembled in extraordinary
session pursuant to his Proclamation, also announced the
performance of that duty.
Messages from the Senate
A message from the Senate by,
Senators Jenkins, Oliverio and Caruth, announced that the
Senate had convened in extraordinary session, pursuant to the
Proclamation of the Governor, with a quorum present, and was ready
to enter upon the business for which the Legislature had been
called together.
At 12:21 p.m., on motion of Delegate Staton, the House of
Delegates recessed until 5:30 p.m., and reconvened at that time.
Resolutions Introduced
Delegate Hamilton offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 401 - "Requesting the Division of Highways to name
the bridge on Cleveland Avenue in Buckhannon, West Virginia, the
'William S. O'Brien Memorial Bridge'."
Whereas, William S. O'Brien was born the son of Colonel Emmet
J. and Marsha Ann O'Brien on January 8, 1862 at Audra, on the
Middle Fork River in Barbour County, West Virginia and moved with
them to Weston, Lewis County, West Virginia in 1867; and
Whereas, After obtaining his degree from West Virginia
University in 1891, he began actively practicing law; and
Whereas, William S. O'Brien was married to his beloved wife,
Emma White, on October 14, 1896, which produced four wonderful
children, three sons and one daughter; and
Whereas, During his long career as a public servant, William
O'Brien taught school, served as a captain in the National Guard,
was a member of the Masons and the Knights of Pythias, served as
editor of the newspaper, sat as judge of the twelfth judicial
circuit from 1913 to 1920, and was elected a member of Congress
from the Third District in 1926; and
Whereas, William S. O'Brien served as Secretary of State from
1932 until he passed on August 10, 1948; and
Whereas, The members of the West Virginia Legislature would
like to honor the public service and the life of William O'Brien;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge on Cleveland Avenue in Buckhannon, West
Virginia, Department of Highways design division bridge number,
10232, in honor of William O'Brien, a legislator, lawyer, educator,
family man and public servant; and, be it
Further Resolved, That the Division of Highways is requested
to have made and placed on the bridge signs identifying it as the
"William S. O'Brien Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this Resolution to the Secretary of
the Department of Transportation.
Delegates Barker, Eldridge, Hrutkay, Butcher and Ferrell
offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 402 - "Requesting the Division of Highways name the
bridge located 0.01 miles South of County Route 26 and located on
Route 85 in the community of Van, West Virginia, the 'Thom Cline
Memorial Bridge'."
Whereas, Thom Cline was a school teacher with thirty-five years of service; and
Whereas, Tragically, Thom Cline lost his life in a house fire
January 6, 2003; and
Whereas, Thom Cline opened his students' eyes to the world with
trips to Europe, sponsored school beautification projects, and
planned, designed and organized the annual school honor banquet;
and
Whereas, Thom Cline respected every school colleague and staff
member and truly loved and cared for them unconditionally; and
Whereas, Thom Cline was a person who kindled the spirits of
his students by his love and his commitment, and who enriched the
lives of all who knew him personally or knew of him through others;
and
Whereas, Thom Cline's contributions to his community and to the
memories of his students and fellow citizens will be long
cherished; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge located 0.01 miles South of County Route 26 and
located on Route 85 in the community of Van, West Virginia, the
"Thom Cline Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this Resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, the
family of Thom Cline, and appropriate news media.
Delegate Talbott offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 403 - "Requesting the Division of Highways to name
the bridge in Curtin, West Virginia, the 'Larry "Joe" Markle
Bridge'."
Whereas, When Joe was three years old, he was hit by a car
leaving him mentally and physically challenged; and
Whereas, Since then Joe's passion in life is riding to and from
the bridge and greeting everyone who enters or leaves Curtin; and
Whereas, A few years ago, the State rebuilt the bridge and Joe
made his rounds as if he were the bridge foreman; and
Whereas, When the bridge was completed, a yellow ribbon was put
across the bridge and Joe rode his bike across it breaking the
ribbon with hands held high in the air celebrating the new bridge
and his favorite hangout; and
Whereas, Recently, Joe's health declined when he started having
congestive heart failure and his breath was too short to ride his
bike; and
Whereas, Joe became depressed because he could not ride his
bike to the bridge; and
Whereas, Since then a pacemaker has given Joe new life and energy to ride back to the bridge and man his position as the
unofficial "greeter" on the bridge for Curtin; and
Whereas, The members of the Legislature would like to honor Joe
for his dedication and passion for life by naming the bridge in
Curtin, West Virginia, the "Larry 'Joe' Markle Bridge"; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge in Curtin, West Virginia, the "Larry 'Joe'
Markle Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entryway of each end
of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of Highways and to Larry "Joe" Markle.
Delegates Caputo, Manchin, Fragale and Longstreth offered the
following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 404 - "Requesting the Division of Highways to name
the new Watson Bridge over the West Fork River on U.S. Route 250 in
Fairmont, Marion County, West Virginia, the 'Watson Senior Citizens
Bridge in Honor of Jim Costello'."
Whereas, Jim Costello was born in Monongah, Marion County, June
26, 1923, one of seven children, the son of John Costello, a coal
miner, and Amanda Dee Swisher Costello, a midwife, and he passed
away on June 7, 2002, leaving a wife, Evelyn Muto Costello, a
daughter and son-in-law, Diane and Marc Cervo, son and
daughter-in-law, Pat and Jenni Costello, a sister, Margaret
Biafore, four grandchildren, Cara Hose and her husband, Steve Hose,
Ryan, Brett and Jessica Costello; and
Whereas, Jim Costello served in the United States Navy during
World War II and saw action in the South Pacific Theater on a PT
boat. He also worked as a coal miner and completed 35 years of
service at the Owen-Illinois Glass Plant serving as president of
Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West
Virginia Department of Highways and during that time, he was
instrumental in overseeing many projects for Marion County. He
oversaw the removal of the dangerous curve at Dakota and the
replacement of the current Watson Bridge structure in addition to
many other highway projects; and
Whereas, Jim Costello was a strong Democrat and was involved
with the Democratic Party serving on the executive committee and as
precinct captain. He was the Marion County coordinator of several
gubernatorial campaigns and was honored in 1997 as the Democrat of the year in Marion County; and
Whereas, It is fitting that the Watson Bridge be named for this
true West Virginian who dedicated his life to improving Marion
County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the new Watson Bridge over the West Fork River on U.S.
Route 250 in Fairmont, Marion County, West Virginia, the "Watson
Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Division of Highways provide and
erect signs at either end of the bridge displaying the name "Watson
Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this Resolution to the
Secretary of the Department of Transportation and to the family of
Jim Costello.
Delegate Stemple offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 405 - "Providing for naming the section of West
Virginia Route 16 from the intersection of West Virginia Route 16
and West Virginia Route 5, North to the Ritchie County line the
'Sheriff Park D. Richards Memorial Highway'."
Whereas, Park D. Richards served honorably as sheriff of
Calhoun County until his untimely death at the age of sixty-two, during the line of duty in 1976; and
Whereas, On November 18, 1976, Calhoun County sheriff Park D.
Richards died in the line of duty while he and State Trooper C.W.
"Chuck" McDonald were serving a warrant on a dangerous and
disturbed individual; and
Whereas, When Sheriff Richards and Trooper McDonald announced
their intent, the individual fired a high powered rifle, striking
Sheriff Richards in the throat; and
Whereas, Sheriff Richards died at the scene of the crime
shortly after being shot; and
Whereas, Sheriff Richards is memorialized in a plaque memorial
which hangs on one of the pillars at the Calhoun County Courthouse;
and
Whereas, Sheriff Richards is memorialized as one of the names
which appears on "Fallen Partner," the State of West Virginia's
Statue Memorial to West Virginia Police Officers killed in the line
of duty, located outside the Cultural Center at the Capitol Complex
in Charleston; and
Whereas, There is an online memorial to Sheriff Richards,
hosted by The Officer Down Memorial Page, Inc. where he is honored
with the 17,344 United States police officers who have died in the
country to date; and
Whereas, Those who knew Richards can leave remembrances of him
at www.odmp.org; and
Whereas, The Town of Grantsville has declared November 18 as
Sheriff Park Richards Day, and a wreath will be hung beneath his
plaque at the Calhoun County Courthouse annually; therefore, be it
Resolved by the Legislature of West Virginia:
That the section of West Virginia Route 16 from the
intersection of West Virginia Route 16 and West Virginia Route 5,
North to the Ritchie County line be named the "Sheriff Park D.
Richards Memorial Highway" and, be it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be manufactured
appropriate signs with the prominent display of the words "Sheriff
Park D. Richards Memorial Highway" and to erect same along the
section of West Virginia Route 16 from the intersection of West
Virginia Route 16 and West Virginia Route 5, North to the Ritchie
County line, West Virginia.
Delegate Michael offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 406 - "Requesting the Division of Highways to name
the bridge at McCauley in Hardy County, West Virginia, the 'John
and Freda Rudy Memorial Bridge'."
Whereas, John and Freda Rudy lived a life of joy, nurturing not
only a budding business but also a loving family; and
Whereas, John and Freda Rudy began their career in the grocery
business in 1938, creating a business that would become a vital part of the community; and
Whereas, Both were named outstanding democrat of the year for
Hardy County, John Rudy in 1987 and Freda Rudy in 1990; and
Whereas, John and Freda owned and operated the store they built
together to unselfishly serve their community for more than fifty
five years, and
Whereas, After John's death in December 1995, Freda continued
to live in their store/home until her passing in November 2004; be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge at McCauley in Hardy County, West Virginia, in
honor of John and Freda Rudy, devoted parents, grandparents,
friends, merchants and public servants; and, be it
Further Resolved, That the Division of Highways is requested
to have made and placed on the bridge signs identifying it as the
"John and Freda Rudy Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this Resolution to the
Secretary of the Department of Transportation; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the Rudy
Family
.
Delegates
Morgan, Leach, Craig, Stephens, Howard and Sobonya
offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 407 - "
Requesting the West Virginia Division of
Highways to name the bridge located at U. S. Route 2 and Nine Mile
Road in Cabell County, West Virginia, the 'David Rickey Carson
Memorial Bridge'."
Whereas, David Rickey Carson, the son of Mr. and Mrs. Raymond
Carson, was born on September 8, 1947, at Lesage, Cabell County,
West Virginia; and
Whereas, Specialist/4 David Rickey Carson was killed in action
on January 31, 1968, at Gia Dinh, Vietnam, while serving in the
U.S. Army, 1st Log Command; and
Whereas, Specialist/4 David Rickey Carson was awarded the
Purple Heart, posthumously; and
Whereas, David Rickey Carson gave his young life in the service
of his country on a battlefield in a country far away, the supreme
sacrifice for the cause of freedom; and
Whereas, The life of David Rickey Carson should not go
unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia
Division of Highways to name the bridge located at U.S. Route 2 and
Nine Mile Road in Cabell County, West Virginia, the "David Rickey
Carson Memorial Bridge"
; and, be it
Further Resolved, That the West Virginia Division of Highways
provide and erect a sign at either end of the bridge displaying the
name of the bridge; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Commissioner of the Division of
Highways, and to the surviving family of David Rickey Carson.
Delegates Staton and Browning offered the following
resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 408 - "
Honoring the late Leonard R. Valentine by
declaring the bridge numbered 54 - 1.60 on State Route 54 in
Mullens, West Virginia the 'Leonard Valentine "Coach Val" Memorial
Bridge'."
Whereas, Coach Val was the first African-American Coach in the
State of West Virginia to win state championships in two different
sports. Football in 1951 and Basketball in 1963 for Conley High
School, the Blue Devils, an all black school; and
Whereas, Coach Val, was featured in Jet Magazine for being the
first African-American Coach to win a Boys State Basketball
Championship in the State of West Virginia with an all black team;
and
Whereas, Coach Val served as the assistant coach to Don Nuckols
in both the 1970 and 1972 West Virginia Boys State Basketball
Championships; and
Whereas, Coach Val was a graduate and All-American in Football
as a tight end for Bluefield State College; and
Whereas, Coach Val became a life member of the Kappa Alpha Psi
Fraternity, Inc. and later the Founding Father of the Beckley
Alumni Chapter of Kappa Alpha Psi; and
Whereas, Coach Val did community service for the City of
Mullens, West Virginia by ensuring that all community playgrounds
for the youth were operational and functioning for the kids during
summer, after school had ended for the year; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia
Division of Highways to designate and name the bridge numbered 54
- 1.60 on State Route 54 in Mullens, West Virginia the "Leonard
Valentine 'Coach Val' Memorial Bridge";
and, be it
Further Resolved, That the Division of Highways provide and
erect signs at either end of the bridge displaying the name
"Leonard Valentine 'Coach Val' Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Commissioner of the Division of Highways, the family of Leonard R.
Valentine and the City of Mullens.
Delegates Campbell and Canterbury offered the following
resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 409 - "
Requesting the West Virginia Division of
Highways to name the bridge on I-64 at the intersection of Rt. 219
in Lewisburg, Greenbrier County, West Virginia the 'Gary Wayne
Martini Memorial Bridge'."
Whereas, Gary Wayne Martini, the son of William Lee Martini and
the late Ann Aldridge Martini Humphrey, was born in Lexington,
Virginia on September 21, 1948, and moved at an early age to
Greenbrier County, West Virginia with his family; and
Whereas, Gary Wayne Martini was raised on Germany Road near
Frankford, West Virginia and attended Greenbrier County schools in
Frankford; and
Whereas, Private First Class Gary Wayne Martini was killed in
hostile action on April 21, 1967, at Binh Son, Republic of Vietnam,
while serving with the U.S. Marine Corps, Company F, 2d Battalion,
1st Marines, 1st Marine Division; and
Whereas, Private First Class Gary Wayne Martini was awarded the
Congressional Medal of Honor, posthumously, for his heroic actions
on the field of battle, which are duly chronicled in this Medal of
Honor Citation:
"For conspicuous gallantry and intrepidity at the risk of his
life above and beyond the call of duty. On the 21st of April 1967,
during Operation UNION elements of Company F, conducting offensive
operations at Binh Son, encountered a firmly entrenched enemy force
and immediately deployed to engage them. The Marines in Pfc. Martini's platoon assaulted across an open rice paddy to within 20
meters of the enemy trench line where they were suddenly struck by
hand grenades, intense small arms, automatic weapons, and mortar
fire. The enemy onslaught killed 14 and wounded 18 Marines,
pinning the remainder of the platoon down behind a low paddy dike.
In the face of imminent danger, Pfc. Martini immediately crawled
over the dike to a forward open area within 15 meters of the enemy
position where, continuously exposed to the hostile fire, he hurled
hand grenades, killing several of the enemy. Crawling back through
the intense fire, he rejoined his platoon which had moved to the
relative safety of a trench line. From this position he observed
several of his wounded comrades lying helpless in the fire-swept
paddy. Although he knew that one man had been killed attempting to
assist the wounded, Pfc. Martini raced through the open area and
dragged a comrade back to a friendly position. In spite of a
serious wound received during this first daring rescue, he again
braved the unrelenting fury of the enemy fire to aid another
companion lying wounded only 20 meters in front of the enemy trench
line. As he reached the fallen Marine, he received a mortal wound,
but disregarding his own condition, he began to drag the Marine
toward his platoon's position. Observing men from his unit
attempting to leave the security of their position to aid him,
concerned only for their safety, he called to them to remain under
cover, and through a final supreme effort, moved his injured comrade to where he could be pulled to safety, before he fell,
succumbing to his wounds. Stouthearted and indomitable, Pfc.
Martini unhesitatingly yielded his life to save two of his comrades
and insure the safety of the remainder of his platoon. His
outstanding courage, valiant fighting spirit and selfless devotion
to duty reflected the highest credit upon himself, the Marine
Corps, and the U.S. Naval Service. He gallantly gave his life for
his country"; and
Whereas, Gary Wayne Martini gave the last full measure of
devotion to his country and to his comrades-in-arms, sacrificing
his own life to save the lives of his fellow soldiers; and
Whereas, Gary Wayne Martini is truly deserving of a fitting
tribute in his home State of West Virginia to memorialize his
heroic actions and supreme sacrifice; and
Whereas, The bridge on I-64 at the intersection of Rt. 219 is
an appropriate edifice to honor this fallen hero, for Gary Wayne
Martini lays peacefully resting in Rosewood Cemetery only a quarter
of a mile from the bridge; and
Whereas, This bridge shall henceforth stand as a permanent
memorial to Gary Wayne Martini so that his indomitable courage and
selfless heroism will never be forgotten, for as it has been so
eloquently stated, "Poor is a nation who has no heroes; shameful is
a nation who has, and forgets them"; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature hereby request the West
Virginia Division of Highways to name the bridge located on I-64 at
the intersection of Rt. 219 in Lewisburg, Greenbrier County, West
Virginia the "Gary Wayne Martini Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways
erect a sign at both ends of the bridge displaying the name of the
bridge and designating that Gary Wayne Martini is a recipient of
the Congressional Medal of Honor; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways, to Gary Wayne Martini's father,
William Lee Martini, and to other surviving members of his family.
Delegates Lane, Armstead and Walters offered the following
resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 410 - "Requesting the Division of Highways name the
bridge located on Jakes Run Road off Frame Road in Elkview, West
Virginia, the 'Private James C. Summers Memorial Bridge'."
Whereas, James Summers was born in Kanawha County February 14,
1838; and
Whereas, James Summers was a private in Company H, 4th West
Virginia Infantry; and
Whereas, Private Summers was awarded the Congressional Medal of
Honor on February 25th, 1895 for gallantry at Vicksburg, Mississippi, on May 22nd, 1863; and
Whereas, Private Summers fought and lived through the charge of
the "volunteer storming party" in which 3,000 fellow soldiers gave
the ultimate sacrifice for the preservation of the Union;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge located on Jakes Run Road off Frame Road in
Elkview, West Virginia, the "Private James C. Summers Memorial
Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this Resolution to the
Secretary of Transportation, the Commissioner of the Division of
Highways and the family of Private James C. Summers.
Delegates
Sobonya, Stephens, Morgan, Leach, Howard and Craig
offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 411 - "Requesting the West Virginia Division of
Highways name Bridge 4827 the 'Sergeant George F. Eubanks Memorial
Bridge'."
Whereas, Sgt. Eubanks born on December 7, 1946, in Rawl, West
Virginia and attended Barboursville and Huntington East High
Schools, where he was a member of the band and the football and
wrestling teams; and
Whereas, Sgt. Eubanks served his community as a volunteer
fireman; and
Whereas, Sgt. Eubanks was a member of the Baptist Church at
Guyandotte; and
Whereas, Sgt. Eubanks volunteered for duty in Vietnam in 1967,
serving as a member of the U.S. Army's First Air Cavalry Division,
Scout Dog Team, 25th Infantry Platoon; and
Whereas, Sgt. Eubanks was killed on December 7, 1967, which
happened to be his twenty-first birthday, while serving in Vietnam;
therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby
requested to name Bridge 4827 the "Sergeant George F. Eubanks
Memorial Bridge"; and, be it
Further Resolved,
That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the West Virginia Division of Highways, the Secretary of the
West Virginia Department of Transportation and the Governor of West
Virginia.
Mr. Speaker, Mr. Kiss, and Delegates Ron Thompson, Mahan,
Sumner and Susman offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 412 - "Requesting the Division of Highways to name
the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia at the end of Posey Saxon Road approximately four tenths of one
mile from State Route 3, the 'Sergeant Billy Ray Holmes Memorial
Bridge'."
Whereas, Sgt. Holmes was born on June 12, 1948 in Beckley and
graduated from Marsh Fork High School in Raleigh County in 1966 and
entered the Army in January, 1967; and
Whereas, Sgt. Holmes finished basic training at Fort Benning,
Georgia, and was stationed at Fort Lewis, Washington before joining
his brother in Vietnam; and
Whereas, Sgt. Holmes was killed in combat in Vietnam on July 3,
1968; and
Whereas, Sgt. Holmes was the commander of an armored personnel
carrier when the vehicle was attacked by the Viet Cong; and
Whereas, The entire crew left the carrier and took cover in
nearby bushes but Sgt. Holmes went back to the vehicle and started
to fire a .50 caliber machine gun; and
Whereas, During this fight, Sgt. Holmes was hit in the stomach
by an armor piercing shell, which was about twelve inches in length
and five inches in diameter at the largest point; and
Whereas, Sgt. Holmes died within moments of being shot; and
Whereas, A few days before his death, Sgt. Holmes sustained
shrapnel wounds when another personnel carrier that he commanded
was destroyed by Viet Cong fire; and
Whereas, Sgt. Holmes was awarded the Purple Heart and the Bronze Star for his service to his country; and
Whereas, Through his untiring efforts and professional ability,
Sgt. Holmes consistently obtained outstanding results; and
Whereas, Sgt. Holmes was quick to grasp the implications of new
problems with which he was faced as a result of the ever changing
situations inherent in a counterinsurgency operation and to find
ways and means to solve those problems; and
Whereas, It is only fitting and proper that the Legislature and
people of the State of West Virginia honor one of its native sons
and fallen hero by naming the bridge on County Rt. 13, Arnett,
Raleigh County, West Virginia at the end of Posey Saxon Road
approximately four tenths of one mile from State Route 3, the
"Sergeant Billy Ray Holmes Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
bridge on County Rt. 13, Arnett, Raleigh County, West Virginia at
the end of Posey Saxon Road approximately four tenths of one mile
from State Route 3, the "Sergeant Billy Ray Holmes Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to cause to be fabricated signs, to be posted at both
ends of the above-designated bridge, with words, printed in bold
and prominent fashion, proclaiming the "Sergeant Billy Ray Holmes
Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby requested to provide a certified copy of this Resolution to
family of Sergeant Billy Ray Holmes.
Delegates Pino, Louisos and Perry offered the following
resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 413 -"Requesting the West Virginia Division of
Highways to name State Route 25 from Glen Jean to Thurmond in
Fayette County the 'Jon Dragan Road'."
Whereas, Jon Dragan was born in Fayette County, Pennsylvania on
September 11, 1942, but was drawn to Fayette County, West Virginia
as a young man by the lure of whitewater rapids on the New River;
and
Whereas, In 1968 Jon Dragan, along with his brothers Tom and
Chris and his future wife, Melanie, began operating the State's
first commercial rafting company, Wildwater Expeditions Unlimited,
on the New River; and
Whereas, Jon Dragan's pioneering efforts on the New River that
summer of 1968 led to the development of a whitewater rafting
industry that today is a driving force in the State's tourism
economy; and
Whereas, Jon Dragan's contributions to Fayette County and the
State of West Virginia extend far beyond whitewater rafting, for
Jon played an important role in the creation and development of the New River Gorge National River, Bridge Day and numerous other
endeavors such as the West Virginia Southern Railway; and
Whereas, Jon Dragan's spirit of adventure in his professional
life extended to his personal life as well, where Jon participated
in whitewater expeditions in remote locations such as Tibet and
China, explored exotic locations such as the Galapagos Islands and
Antarctica, and skied in remote areas around the world; and
Whereas, Jon Dragan's personality, humor, vision and
entrepreneurial spirit were examples for all and inspiration to
many; and
Whereas, Jon Dragan was truly a man of legendary proportion,
and his sudden and unexpected passing has left a void in many lives
and in the State dynamic; and
Whereas, Jon Dragan was called from this Earth on February 12,
2005, passing away after a short illness; and
Whereas, Jon Dragan's pioneering spirit and his prodigious work
ethic enabled him to accomplish much in his relatively short
lifetime, and he leaves behind a legacy that will endure to the
great benefit of Fayette County and the State of West Virginia for
generations to come; and
Whereas, It is only fitting that we pay homage to "The Father
of Whitewater Rafting in West Virginia" by naming in his honor the
access road State Route 25 from Glen Jean to Thurmond finding the
New River Gorge where so many thousands of whitewater rafters travel each year to reach the New River; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby
requested to name State Route 25 from Glen Jean to Thurmond in
Fayette County the "Jon Dragan Road"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the West Virginia Division of Highways, to Melanie Dragan, to
Jon and Melanie's daughter, Melissa, and to their son, Josh.
Delegate Argento offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 414 - "Requesting the Division of Highways to name
the bridge spanning the Gauley River on Route 39 near Summersville,
Nicholas County, the 'Brock's Bridge'."
Whereas, The bridge over the Gauley River at Brock's Ferry was
first built in 1904 at a cost of approximately $10,000; and
Whereas, For years this bridge was known by locals as the
Brock's Bridge; and
Whereas, After the Gauley River was dammed and Summersville
Lake was completed in the 1960's, a new bridge was constructed at
Brock's Ferry; and
Whereas, Since the bridge over the Gauley River in this
location has been historically known as the "Brock's Ferry Bridge,"
it is only fitting that the bridge be formally so named; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge spanning the Gauley River on Route 39 near
Summersville, Nicholas County, the "Brock's Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entryway of each end
of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this Resolution to the Commissioner
of Highways and to the Nicholas County Commission.
Bills Introduced
The House of Delegates proceeded to the introduction and
consideration of bills under the Call, which were as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 401 - "A Bill to amend the Code of West Virginia, 1931,
as amended, by adding thereto a new section, designated §11-15-3a;
and to amend and reenact §11-15B-2 and §11-15B-2a of said code all
relating generally to consumers sales and use taxes on food and
food ingredients intended for human consumption; reducing rate of
tax on sales, purchases and uses of food and food ingredients to
five percent beginning on specified date; defining food and food
ingredients and certain other terms; providing that lower rate does not apply to sales, purchases and uses of candy, dietary
supplements or prepared food or to sales through vending machines;
authorizing Tax Commissioner to promulgate emergency rules and to
propose other rules for administration, enforcement and
implementation of this act, whether interpretive, legislative or
procedural; and specifying internal effective dates"; to the
Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 402 - "A Bill to repeal §3-8-5c of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto
two new sections, designated §3-8-1a and §3-8-2b; and to amend and
reenact §3-8-2, §3-8-4, §3-8-5a, §3-8-7, §3-8-8 and §3-8-12 of said
code, all relating to regulating elections; defining terms;
requiring the persons who engage in electioneering communications
to file financial statements with Secretary of State; contents of
statement and filing requirements; penalties for filing delinquent
or incomplete financial statements; increasing penalty for
violations of prohibitions on corporate contributions to candidates
or for electioneering communications; and prohibiting political
organizations and political action committees expressly advocating
nomination, election or defeat of candidate or engaging in
electioneering communications from accepting corporate
contributions in excess of one thousand dollars during primary or general election campaign periods"; to the Committee on the
Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 403 - "A Bill to amend and reenact §15-2A-12 of the Code
of West Virginia, 1931, as amended, relating to benefits to
dependents of a state trooper who dies in performance of duties."
At the respective requests of Delegate Staton, and by
unanimous consent, reference of the bill (H. B. 403) to a committee
was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 404 - "A Bill to amend and reenact §11-8-16 of the Code
of West Virginia, 1931, as amended, relating to additional levy
elections; allowing additional elections at primary elections; and
removing language which conflicts with article ten, section eleven
of the West Virginia Constitution."
At the respective requests of Delegate Staton, and by
unanimous consent, reference of the bill (H. B. 404) to a committee
was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 405 - "A Bill to amend and reenact §21A-1A-17 of the
Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §21A-5-10c, all relating
to unemployment compensation generally; placing a limit on the
amount of wages an election official can receive in a calendar year
that is not considered employment wages for unemployment
compensation purposes; preventing State Unemployment Tax Act
(SUTA) dumping, a method to circumvent the paying of proper
unemployment compensation taxes; and imposing a criminal penalty
for dumping violations"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 406 - "A Bill to amend and reenact §2-2-1 of the Code of
West Virginia, 1931, as amended, relating to state holidays;
providing that the fourth Thursday and Friday of November shall be
legal holidays known as the Thanksgiving Holidays; combining
Lincoln's and Washington's birthdays into a single Presidents' Day
holiday."
At the respective requests of Delegate Staton, and by
unanimous consent, reference of the bill (H. B. 406) to a committee
was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 407 - "A Bill to amend and reenact §5F-2-2 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §29-6-
10 of said code, all relating to the power and authority of
department secretaries; providing that department secretaries may
transfer employees between departments"; to the Committee on
Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 408 - "A Bill to amend and reenact §12-4-14 of the Code
of West Virginia, 1931, as amended, relating to accountability of
persons receiving state funds or grants; requiring reports or sworn
statements by volunteer fire departments; giving Secretary of the
Department of Administration rule-making authority; providing
criminal penalties for filing a fraudulent sworn statement of
expenditures, a fraudulent sworn statement or a fraudulent report";
to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 409 - "A Bill to amend and reenact §18A-4-2 and §18A-4-
8a of the Code of West Virginia, 1931, as amended, all relating to
salaries for teachers and school service personnel; adopting state
minimum salary schedules for teachers; providing for incremental
salary increases for teachers; and providing minimum pay grade
scales for school service personnel"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 410 - "A Bill to amend and reenact §18-7C-2, §18-7C-3,
§18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-
10, §18-7C-11, §18-7C-12, and §18-7C-13 of the Code of West
Virginia, 1931, as amended, all relating to the proposed merger of
the Teachers' Defined Contribution Retirement System with the State
Teachers Retirement System; amending certain definitions;
clarifying credit receipt and asset calculations for transfer;
establishing date on which money must be in a member's account to
be eligible to vote in the merger election; requiring payment of
contribution for full service credit; adding the board's ability to
do all things necessary to maintain the current retirement system
during any transition period; clarifying that the member may select
either periodic payments or lump sum distribution of the member's
total vested account at the date of merger if certain conditions
are met; and technical corrections"; to the Committee on Education
then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 411 - "A Bill to amend and reenact §19-23-9, §19-23-12b,
§19-23-12c, §19-23-13b and §19-23-13c of the Code of West Virginia,
1931, as amended; and to amend and reenact §29-22A-10b of said
code, all relating to amending certain provisions of the code involving horse and dog racing and distribution of certain
proceeds; providing a special fund, to be established by the Racing
Commission, to be used for the payment of breeders awards,
restrictive races and stakes purses; deleting obsolete provisions;
providing the Racing Commission deposit funds required to be
withheld from an association or licensee, for purposes of
retirement withholdings for employees of racing associations or
licensees, into the 'West Virginia Thoroughbred Fund'; deleting the
stated objective for the fund to aid in the rejuvenation and
development of horse tracks in the state for capital improvements,
etc.; providing that the Commission establish funds and accounts
for each association and licensee rather than holding funds in
deposit in one fund; deleting current provisions concerning the
distribution of balances remaining in breeders/raisers, sire owners
and purse supplement funds; clarifying the meaning of the phrase
'sufficient horses' for purposes of pari-mutuel thoroughbred horse
tracks' provision of restricted races; providing that the 'twenty
percent larger' requirement for purses in restricted races is only
applicable to thoroughbred racetracks that have participated in the
West Virginia Thoroughbred Development Fund for more than four
consecutive years; providing the Racing Commission may transfer
funds back to the general purse fund if less than seventy-five
percent of the restricted races fail to receive enough entries to
race; deleting the provision that prohibits associations and licensees who qualify for alternate tax provisions contained in
subsection (b), section ten, article twenty-three, chapter nineteen
from eligibility for treatment under the provisions of section
thirteen-b, article twenty-three, chapter nineteen; providing that
on January first, two thousand six, licensed racing associations
must have a West Virginia Thoroughbred Racing Breeders Program;
providing under provisions relating to the expenditure of racetrack
video lottery funds, that the next two hundred thousand dollars
deposited into the West Virginia Racing Commission Racetrack Video
Lottery Account shall be used for promotional activities and purses
for open stake races for the West Virginia Derby which is held at
a racetrack that did not participate in the West Virginia Breeders
Classic - rather than the current statutory language which
designates nonparticipation in the West Virginia Thoroughbred
Development Fund; substituting the breeders classic for the
Thoroughbred Development Fund; and, deleting provisions relating
to a racetrack which does not have a breeder's program, supported
by the Thoroughbred Development Fund or Greyhound Breeding
Development Fund, that requires the one and one-half percent of
terminal net income designated for the West Virginia Thoroughbred
Development Fund to be diverted to the special Fund established by
the licensee and used for payment of regular purses"; to the
Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 412 - "A Bill
amend and reenact §23-2C-1 of the Code of
West Virginia, 1931, as amended; to further amend said article by
adding thereto a new section, designated §23-2C-24; and to amend
and reenact §23-2D-4, all relating generally to Workers'
Compensation; making an additional finding; allowing use of surplus
note or other loan arrangement for transfers from the New Fund to
the successor to the Workers' Compensation Commission; allowing
additional flexibility in terms and method for issuance of Workers'
Compensation debt reduction revenue bonds; and allowing use of
derivative products to reduce debt service costs and manage
interest rate exposure"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 413 - "A Bill to amend and reenact §6-7-2a of the Code
of West Virginia, 1931, as amended; to amend and reenact §15-2-5 of
said code; to amend and reenact §19-23-4 of said code; and to amend
and reenact §24-1-3 of said code, all relating generally to
salaries of state officials; providing a Senior Executive Service
Salary Schedule for certain state officials; relating to an
increase in the annual base salary of all sworn state police
personnel; relating to salaries for members of the Racing
Commission; and relating to salaries of the members of the Public
Service Commission"; to the Committee on Finance.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent,
leave of absence for the day was granted Delegate Long.
At 6:43 p.m., the House of Delegates adjourned until 4:00 p.m.,
Thursday, September 8, 2005.