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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.