__________*__________
Wednesday, January 11, 2006
This being the day fixed by Section 18, Article VI of the Constitution of the State of West
Virginia for the annual assembly of the Legislature, the members of the House of Delegates met in
their Chamber in the Capitol Building in the City of Charleston, and at 12 o'clock meridian were
called to order for the Second Regular Session of the Seventy-seventh Legislature 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 was then called (Roll No. 1), and 94 Delegates having answered to their names, the
Speaker declared the presence of a quorum.
On motion of Delegate Varner, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had assembled for the Second Regular Session of
the 77th Legislature, as provided by Section 18, Article VI of the Constitution of the State, with a
quorum present, and was ready to proceed to the business of the session.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Perdue, Longstreth and Leggett.
On motion of Delegate Varner the Speaker was authorized to appoint a committee of three
to join with a similar committee of the Senate to inform His Excellency, the Governor, that the
Legislature had assembled in Regular Session as provided by Section 18, Article VI of the
Constitution of the State, with a quorum of each house present, was ready to enter into the business
of the session and to convey to him that it would be pleased to receive any communication he may
desire to present.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Ennis, Houston and Romine.
Messages from the Senate
A message from the Senate, by
Senators Foster, Jenkins and Harrison, announced that the Senate had assembled for the
Second Regular Session of the 77th Legislature, with a quorum present, and was ready to proceed
to the business of the session.
Subsequently,
Delegate Perdue, from the Committee to notify the Senate that the House of Delegates had
assembled and was ready to proceed to the business of the session, reported the performance of that
duty.
Delegate Ennis, from the Committee to inform His Excellency, the Governor, that the
Legislature had assembled for the Second Regular Session of the 77th Legislature, reported that the
Committee had completed its assigned task.
Resolutions Introduced
Delegate Varner announced the reintroduction and references to the various standing
committees of the following House Joint Resolutions from the First Regular Session of the 77th
Legislature:
House Joint Resolutions 1, 2, 3, 5, 6, 8, 9, 10, 12, 13, 17, 18, 19 and 20.
Mr. Speaker, Mr. Kiss, offered the following resolution:
H. C. R. 1 - "Raising a Joint Assembly to hear an address by His Excellency, the Governor."
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a
Joint Assembly of the Senate and House of Delegates at the convenience of the two houses;
therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the
Legislature at 7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates
appoint three members of each of the respective houses of the Legislature as a committee to wait
upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the
time herein appointed for hearing the address.
At the respective requests of Delegate Varner, and by unanimous consent, reference of the
resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Whereupon,
In accordance with the provisions of the resolution, the Speaker appointed as members of the committee to wait upon His Excellency, the Governor, the following:
Delegates Butcher, Marshall and Trump.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Hamilton offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 2 - "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. 3 - "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. 4 - "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. 5 - "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. 6 - "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. 7 - "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; therefore, 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. 8 - "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. 9 - "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. 10 - "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. 11 - "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. 12 - "Requesting the West Virginia Division of Highways name Bridge 4827 the
'Sergeant George F. Eubanks Memorial Bridge'."
Whereas, Sgt. Eubanks was 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. 13 - "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 the 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. 14 - "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. 15 -"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.
Delegates Staton and Browning offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 16 - "Honoring the late Roy M. Lilly by declaring the one lane bridge on Route 12/7
entering Corinne Bottom, West Virginia at mile post 0.03 the 'Roy M. Lilly Memorial Bridge'."
Whereas, Roy M. Lilly was not a mayor, a businessman, or even the first to accomplish
something of great importance. He was just a simple man who led a simple life. He was the unsung
hero of Corinne Bottom, West Virginia; and
Whereas, Roy always went out of his way to lend a helping hand to members of the
community or a stranger in need. Whether it was lending money to a neighbor, giving a ride to those
less fortunate, or giving clothes and supplies to someone in need after one of the many floods that
devastated the area, he was always willing to provide that helping hand; and
Whereas, Roy Lilly was a loyal member of the Corinne Missionary Baptist Church. This
church is located next to the one lane bridge that is to be renamed. Roy would clean this church
every week, and when the minister had taken ill would even take over the sermons for church service. Practically everyone in Corinne Bottom knew his name. He was indeed an icon; and
Whereas, Roy M. Lilly was buried in the Blue Ridge Memorial Gardens in Beckley, under
a blanket of snow, overlooking a vast field with a forest inhabited by numerous deer. On the day of
his funeral, one might have thought he was a mayor, a businessman, or the first to accomplish
something of great importance by the nearly 200 people in attendance that day paying their respects
despite the poor weather. Instead, he was just the simple man he had always been; and
Whereas, The community will be forever changed because of this man. His simple but
important ways of always helping out a friend or stranger in need will live on through the
community. His love of fishing, hunting and gardening, and most of all, his old blue truck rattling
down the worn gray roads of Corinne Bottom, past houses, the Corinne Baptist Missionary Church
and across the old one lane bridge will truly be remembered; 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 one lane bridge on Route 12/7 entering Corinne Bottom, West Virginia at mile post
0.03 the "Roy M. Lilly 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 "Roy M. Lilly 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 and the family of Roy M.
Lilly.
Motions
At the request of Delegate Varner, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the remainder of the day to
permit families of members and invited guests the privileges of the floor for the activities of the day.
Bills Introduced
Delegate Varner then announced the reintroduction and references to the various standing
committees of the following bills from the First Regular Session of the 77th Legislature: House Bills
2003, 2004, 2006, 2008, 2009, 2010, 2013, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2025,
2026, 2027, 2028, 2029, 2030, 2031, 2034, 2036, 2037, 2039, 2041, 2042, 2043, 2044, 2046, 2047,
2048, 2049, 2050, 2051, 2052, 2053, 2056, 2057, 2058, 2059, 2060, 2062, 2063, 2064, 2066, 2067,
2068, 2069, 2070, 2071, 2072, 2073, 2075, 2076, 2077, 2079, 2080, 2081, 2083, 2085, 2087, 2088,
2090, 2091, 2092, 2094, 2095, 2097, 2098, 2099, 2102, 2104, 2105, 2107, 2112, 2114, 2115, 2118,
2119, 2120, 2122, 2123, 2125, 2126, 2130, 2131, 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2140,
2141, 2142, 2143, 2144, 2145, 2146, 2149, 2152, 2153, 2156, 2157, 2158, 2159, 2164, 2165, 2166,
2167, 2168, 2170, 2172, 2173, 2180, 2181, 2182, 2184, 2186, 2187,2188, 2190, 2193, 2196, 2197,
2198, 2199, 2200, 2201, 2202, 2203, 2204, 2205, 2206, 2207, 2208, 2209, 2210, 2211, 2212, 2213,
2214, 2216, 2220, 2221, 2223, 2225, 2226, 2231, 2232, 2233, 2234, 2235, 2236, 2238, 2240, 2241,
2242, 2244, 2245, 2246, 2247, 2248, 2249, 2252, 2253, 2254, 2255, 2256, 2257, 2258, 2259, 2260,
2261, 2265, 2267, 2269, 2272, 2273, 2274, 2277, 2278, 2279, 2280, 2281, 2282, 2287, 2288, 2292,
2293, 2297, 2298, 2299, 2300, 2303, 2304, 2305, 2306, 2307, 2310, 2311, 2312, 2313, 2314, 2315,
2316, 2317, 2318, 2319, 2321, 2323, 2324, 2327, 2328, 2329, 2330, 2332, 2337, 2338, 2339, 2341,
2343, 2345, 2346, 2347, 2348, 2349, 2352, 2353, 2355, 2356, 2358, 2360, 2361, 2362, 2366, 2370,
2373, 2374, 2375, 2376, 2379, 2380, 2383, 2384, 2385, 2386, 2387, 2388, 2390, 2393, 2394, 2398,
2399, 2400, 2401, 2402, 2403, 2404, 2405, 2406, 2407, 2408, 2409, 2410, 2411, 2412, 2414, 2416, 2419, 2420, 2421, 2422, 2424, 2425, 2430, 2431, 2432, 2434, 2435, 2436, 2437, 2439, 2442, 2443,
2445, 2446, 2447, 2448, 2450, 2451, 2452, 2457, 2459, 2462, 2463, 2464, 2468, 2470, 2473, 2475,
2479, 2480, 2481, 2487, 2488, 2490, 2491, 2493, 2494, 2496, 2499, 2503, 2505, 2506, 2507, 2508,
2509, 2511, 2514, 2515, 2516, 2518, 2521, 2524, 2529, 2530, 2532, 2535, 2536, 2539, 2540, 2541,
2544, 2545, 2547, 2548, 2549, 2550, 2553, 2554, 2555, 2556, 2557, 2559, 2560, 2562, 2564, 2565,
2566, 2574, 2576, 2579, 2580, 2581, 2582, 2586, 2590, 2591, 2594, 2596, 2597, 2599, 2600, 2602,
2605, 2607, 2609, 2610, 2613, 2614, 2616, 2620, 2621, 2622, 2624, 2625, 2628, 2629, 2632, 2636,
2638, 2641, 2644, 2645, 2646, 2648, 2649, 2656, 2657, 2658, 2659, 2660, 2662, 2665, 2765, 2767,
2768, 2771, 2776, 2778, 2784, 2785, 2786, 2788, 2790, 2792, 2793, 2796, 2797, 2804, 2805, 2806,
2807, 2808, 2810, 2818, 2825, 2827, 2836, 2839, 2842, 2847, 2853, 2856, 2859, 2860, 2863, 2865,
2867, 2870, 2872, 2876, 2881, 2883, 2884, 2895, 2896, 2897, 2899, 2901, 2903, 2913, 2915, 2916,
2917, 2918, 2920, 2921, 2922, 2923, 2924, 2925, 2926, 2927, 2928, 2930, 2934, 2935, 2940, 2943,
2945, 2947, 2951, 2952, 2953, 2955, 2956, 2964, 2967, 2968, 2971, 2972, 2974, 2975, 2982, 2983,
2987, 2988, 2989, 2994, 2995, 2996, 2997, 2998, 3006, 3009, 3011, 3017, 3019, 3020, 3022, 3025,
3026, 3027, 3029, 3030, 3032, 3039, 3042, 3053, 3055, 3057, 3059, 3064, 3065, 3066, 3067, 3070,
3072, 3073, 3074, 3076, 3078, 3079, 3083, 3084, 3085, 3086, 3091, 3097, 3101, 3109, 3113, 3115,
3119, 3120, 3123, 3124, 3126, 3127, 3131, 3132, 3133, 3136, 3142, 3144, 3146, 3156, 3157, 3160,
3162, 3166, 3168, 3169, 3172, 3173, 3176, 3177, 3179, 3180, 3184, 3185, 3186, 3187, 3188, 3189,
3191, 3195, 3196, 3197, 3198, 3200, 3201, 3202, 3204, 3209, 3210, 3212, 3213, 3218, 3220, 3221,
3222, 3231, 3232, 3233, 3237, 3240, 3241, 3245, 3247, 3248, 3249, 3250, 3252, 3253, 3255, 3258,
3261, 3264, 3265, 3267, 3268, 3269, 3271, 3274, 3275, 3276, 3277, 3279, 3282, 3283, 3284, 3286,
3289, 3290, 3291, 3292, 3294, 3295, 3296, 3297, 3298, 3299, 3300, 3302, 3304, 3305, 3307, 3309, 3318, 3321, 3324, 3325, 3326, 3329, 3330, 3334, 3336, 3337, 3338, 3339, 3340, 3341, 3343, 3344,
3345, 3348, 3358 and 3362.
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Caputo, Poling, DeLong, Marshall, Wysong, Manchin, Longstreth,
Fragale, Martin and Hrutkay:
H. B. 4001 - "A Bill to amend and reenact §54-1-2 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the State of West Virginia and its political subdivisions from
exercising a right of eminent domain to take private property when the primary purpose of the taking
is economic development that ultimately results in ownership or control of the property transferring
to another private entity; and providing an exception which allows an urban renewal authority to
exercise a right of eminent domain as to property designated a slum area or blighted area"; to the
Committee on the Judiciary.
By Delegates Swartzmiller, Ennis, Beach, Kominar, Ron Thompson, Talbott and Boggs:
H. B. 4002 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-15-22, relating to authorizing uninsured small group benefit
plans to employees who lost their jobs directly or indirectly due to shutdown or relocation of work
forces"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Swartzmiller, Ennis, Beach, Kominar, Ron Thompson, Talbott and Boggs:
H. B. 4003 - "A Bill to amend and reenact §17B-2-3 of the Code of West Virginia, 1931, as
amended, relating to requiring registered sex offenders to be issued special coded driver's licenses
or nondriver identification cards that identify the holder or owner as a registered sex offender; to establish the type of special code and procedures at sentencing; providing fees; and providing
misdemeanor criminal penalties for failure to comply with the special license or nondriver
identification card requirement"; to the Committee on the Judiciary.
By Delegates Swartzmiller, Ennis, Beach, Kominar, Ron Thompson, Talbott and Boggs:
H. B. 4004 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17C-3-4c, relating to allowing the use of a traffic law
photo-monitoring device to detect traffic law violations only if a law-enforcement officer is present
at the location of the device and issues tickets at the time and location of the violations"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Frich, Hall, Howard, Trump, Schoen, Border, Anderson, Lane, Hamilton,
Ellem and Stevens:
H. B. 4005 - "A Bill to amend and reenact §54-1-2 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the State of West Virginia and its political subdivisions from
exercising a right of eminent domain to take private property when the purpose of the taking is
private commercial development that ultimately results in ownership or control of the property
transferring to another private entity"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Browning and Staton:
H. B. 4006 - "A Bill to amend and reenact §20-14-2 of the Code of West Virginia, 1931, as
amended, relating to adding the counties of Mercer and Raleigh as participating members of the
Hatfield-McCoy Regional Recreational Authority"; to the Committee on Political Subdivisions then
the Judiciary.
By Delegates Beane, Cann and Walters:
H. B. 4007 - "A Bill to amend and reenact §20-1A-4 of the code of West Virginia, 1931, as
amended, relating to updating appraisal standards employed by the Public Land Corporation to
determine fair market value of public lands"; to the Committee on Government Organization.
By Delegates Cann, Beane and Ennis:
H. B. 4008 - "A Bill to amend and reenact §16-15-1 of the Code of West Virginia, 1931, as
amended, and to amend said code by adding thereto a new section, designated §16-15-3b, all relating
to authorizing city and county housing authorities to merge to form a regional housing authority;
providing definitions; authorizing housing authorities to initiate merger by joint resolution; providing
that contents of joint resolution include transfer of assets and liabilities, membership of authority and
adoption of a plan of merger; and conferring on the regional housing authority the powers and duties
of authorities it succeeds"; to the Committee on Government Organization.
By Delegates Mahan, Houston, Leach, Perdue, Stephens, Ashley and Howard:
H. B. 4009 - "A Bill to amend and reenact §49-1-3 of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the definitions relating to child abuse and
neglect"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Houston, Leach, Perdue, Stephens, Ashley and Howard:
H. B. 4010 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-6F-6, §49-
6F-7, §49-6F-8 and §49-6F-9, all relating to creating the Office of Family and Child Protection
Ombudsman; powers and duties of the Office of Family and Child Protection Ombudsman;
qualifications, term of office and salary of the Ombudsman; authority for the Ombudsman to hire
staff; providing the Ombudsman and staff of the Office of Family and Child Protection Ombudsman to investigate and monitor the Department of Health and Human Resources' Division of Child
Protective Services; access Child Protective Services records and information; communication with
children involved in Child Protective Services investigations; confidentiality of information;
immunity from liability; sunset provision and defining terms"; to the Committee on Government
Organization.
By Delegates Mahan, Houston, Leach, Perdue, Stephens, Ashley and Howard:
H. B. 4011 - "A Bill to amend of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated section §15-2-9, relating to the
creation of a special unit within the state police specializing in child abuse and neglect
investigations"; to the Committee on Government Organization.
By Delegates Mahan, Houston, Leach, Perdue, Stephens, Ashley and Howard:
H. B. 4012 - "A Bill to amend of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new article, designated §15-13-1, §15-13-2, §15-13-3,
§15-13-4, §15-13-5, §15-13-6, §15-13-7, §15-13-8, §15-13-9, §15-13-10, and §15-13-11, all relating
to the creation of a state child abuser registry and establishing penalties for persons convicted of
child abuse or neglect for failure to property report registration information"; to the Committee on
Government Organization.
At 12:13 p.m., on motion of Delegate Varner, the House of Delegates recessed until 6:45
p.m., and reconvened at that time.
* * * * * * * * * *
Evening Session
* * * * * * * * * *
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 1, Raising a Joint Assembly to hear an address by His Excellency, the Governor.
* * * * * * * * * *
Joint Assembly
* * * * * * * * * *
The Doorkeeper, the Honorable John A. Roberts, of the County of Berkeley,
then announced
the Honorable Earl Ray Tomblin, President, and the members of the Senate, who entered the Hall
of the House of Delegates.
The Speaker invited the President to be seated to his right and the other members to be seated
in the places reserved for them in the Well of the House.
The Doorkeeper then announced the Board of Public Works, who were escorted to the seats
reserved for them.
The Doorkeeper next announced the Honorable Robin Davis, Chief Justice of the Supreme
Court of Appeals, and the Associate Justices, who entered the Hall of the House of Delegates and
took the seats reserved for them.
The Doorkeeper then announced the Honorable Shelley Moore Capito, the Congresswoman
from the Second Congressional District, who took the seat reserved for her.
The Doorkeeper next announced the Honorable Nick Joe Rahall, II, the Congressman from
the Third Congressional District, who was escorted to the seat reserved for him.
The Speaker then recognized Delegate Butcher, from the Special Committee to Wait Upon
the Governor, who announced that, pursuant to the invitation of the Legislature, His Excellency, the
Governor, was present for the purpose of addressing the Joint Assembly.
The Speaker next recognized the Honorable Oce W. Smith, Sergeant at Arms, who
introduced the Honorable Joe Manchin, III, and joined with the Special Committee to escort him
to
the Clerk's Desk.
The Speaker then presented the Honorable Joe Manchin, III, who addressed the Joint
Assembly as follows:
Address by the Governor
The Governor. Mr. President, Mr. Speaker, Members of the Board of Public Works,
Justices of the Supreme Court of Appeals, Members of the Legislature, Distinguished Guests, the
members of my administration and senior staff, my wife Gayle, members of my family and My
Fellow West Virginians:
It has been a difficult week in our state. Just seven short days ago, we lost 12 hard-working
and brave West Virginians; men who left their homes each day knowing the inherent difficulty and
danger of the jobs they performed and men who were proud to provide for their families, proud to
be a West Virginian and proud of the energy they produced to keep America strong.
We cannot know the purpose of this tragedy - but I assure you we will discover the cause.
I am committing every resource available to me to aid in the investigation - not only to determine
what happened inside the Sago Mine that caused this terrible accident, but also how the information
received outside of the mine regarding the condition of the miners could have been so horribly
wrong. Families should never be put through such a heartbreaking, emotional nightmare. Even more important, I rededicate myself and the State to the task of making our mines the safest in the country
so that we can avoid future tragedies like the one we have just experienced.
Our prayers as a state are with the families of Thomas P. Anderson, Alva Martin Bennett,
James Bennett, Jerry Groves, George Junior Hamner, Terry Helms, Jesse L. Jones, David Lewis,
Martin Toler Jr., Fred Ware Jr., Jackie Weaver and Marshall Winans. During the coming days, we
will continue as West Virginians to do what we do best - come together in support of our neighbors.
We did this when the disaster of Hurricane Katrina hit the people living in the southern states of
America, and we do it again now for our own. I want to thank the thousands of West Virginians who
have donated goods, as well as their hard earned money, to the miners' families over the last several
days. Words cannot express to you how proud I am to be Governor of a State that is home to such
amazing people.
I also want the miners' families to know that the support that we offer will be ongoing. And
so, my office is joining with the West Virginia Council of Churches to establish a "Lifeskills
Account" for the immediate family members of the victims. To demonstrate the importance of this
effort, my office will be contributing $100,000 from the Governor's Contingency Fund to this
account. These men were working hard to provide a good living for their loved ones, and we must
continue their efforts.
The money donated to this account will provide for traditional educational opportunities plus
any trade or technical field training that they may wish to obtain in order to expand their knowledge
and gain the skills needed to support themselves and their families, no matter what they're age. We
want them to know that we will be in this with them through their long journey. I would like to now
thank the Reverend Dennis Sparks with the West Virginia Council of Churches for agreeing to administer this very special account on our behalf. Reverend Sparks, please stand and be recognized.
Many times during the rescue efforts you heard me say that West Virginians believe in
miracles - and we do. While we didn't receive the 13 miracles we were praying for, we did receive
one - Randal McCloy Jr. It is my hope that he can one day tell us his miracle story and the stories
of his friends and co-workers. So let us also remember his struggles tonight and send him, his wife
Anna, their two children, Randal III and Isabelle Hope, and their entire family our prayers and love
as well.
During our time of crisis, the nation has been watching. They have learned a great deal about
West Virginia values and our belief in family, faith in God and the love of our neighbor. In addition,
they've learned a great deal about mining families and their strength, work ethic and sense of
community - there are no better people on the face of this earth.
But as the nation continues to watch us tonight, there is so much more they need to know.
While the hearts of West Virginians are grieving, the State of West Virginia remains strong.
This past year has been one of the most important and productive in West Virginia's history.
Working together, we accomplished more to improve our economy and create good paying jobs with
benefits than most people believed could be achieved in a decade.
We enacted substantial ethics reforms; passed Healthy Lifestyles legislation; tackled
methamphetamine usage; continued to pay down our debt; gave our universities increased flexibility
to pursue new research that could spawn new discoveries; and, enacted the first comprehensive
teacher pay package in more than 15 years.
Our workers' compensation reforms restored confidence in our economy and, most
especially, allowed us to do a better job of protecting our injured workers.
As a result of insurance reforms, more than $70 million dollars has been returned to
consumers in the form of reductions in their car and homeowner insurance premiums, which is $20
million dollars more than was originally promised back to our citizens. Many lines of business
insurance have been re-opened as well, and insurance companies that were considering reducing
their operations and potentially laying off workers in West Virginia are now looking instead towards
expansion.
You, the Legislature, also approved a responsible one percent reduction in the state sales tax on
groceries from six cents on the dollar to five cents, resulting in a savings to taxpayers of $25 million dollars.
This one percent reduction is simply a starting point, and we will continue to reduce this tax in a fiscally
responsible manner as the state's economy grows until we have eliminated it completely.
These changes show that West Virginia is serious about getting our financial house in order and
opening our doors to new businesses.
I also want to thank the Legislature, and the citizens of West Virginia, for their efforts on
behalf of our state's veterans. As a result of a vote of the people, the Legislature activated a
constitutional amendment in 2005 to pay bonuses to those who served in the conflicts in Kosovo,
Afghanistan and Iraq. We gratefully acknowledge the service of these veterans and all of our
veterans. We also say a prayer for the current Mountaineers who are fighting for our country at home
and abroad, and for those families whose loved ones were lost during the past year while performing
their military duty.
In addition to our efforts to work closely with the Legislature during the past year on getting
our state's financial house in order and taking care of the needs of our citizens, my administration
also established an initiative we call "Responsible Government."
Examples of the results of this initiative, and the hard work and dedication of our state
employees who are often given too little credit for all that they do, include reducing, through
attrition, approximately 171 full-time permanent positions in just the Department of Transportation
alone, saving millions of dollars; refinancing the state's road bonds for a direct savings of $19
million dollars (resulting in federal matching money of $76 million dollars for highway projects);
returning $4.2 million dollars from our agencies' end-of-year funds to the state's General Revenue
account; saving $4.5 million dollars by eliminating redundancies in the Division of Highways;
renegotiating our technology contracts, resulting in a savings to the state of $24.8 million dollars
over the next four years; increasing the state's School Clothing Vouchers from $150 to $200 dollars,
directly benefiting more than 57,000 West Virginia children who needed help the most; and, capping
the state's Gas Tax, saving drivers between $40 and $50 million dollars this year alone at the pump.
We also focused our resources on the continued development of a multi-agency radio system
for use in emergencies and purchased a permanent transitional relief location for individuals and
families displaced by floods and natural disasters. The next step of our flood preparedness efforts
will be to begin working with counties on the enforcement of their flood plain laws so that the state
will not be left to pay to rebuild the same structures again and again in areas that we already know
are prone to repeat flooding.
In addition, our Bureau of Senior Services continues to work with the AARP and others to
educate West Virginia's Medicare beneficiaries about the new Medicare Prescription Drug
Coverage. In fact, it was the AARP Foundation and the West Virginia Primary Care Association that
helped to fund the Bureau's Medicare Prescription Drug Plan Call Center, showing the good that can
come from a partnership between government and the private sector.
These Responsible Government efforts, coupled with the hard work of the Legislature,
resulted in more than $450 million dollars being returned to taxpayers in our first year alone. To my
knowledge, that's never before been done in West Virginia, and should signal to businesses across
the country and around the world an important and positive change in the way the state conducts
business.
The economy and job outlook of West Virginia is improving, as is the state's financial
picture. We have not, nor will we ever, blame anyone for the sins of the past. We have instead
accepted our state's challenges and worked together to meet them. Last Fiscal Year ended with the
state having a significant surplus, and together we made responsible decisions to pay down our
unfunded pension liabilities. We also made other one-time investments that helped all West Virginia
taxpayers. This Fiscal Year will also result in a significant budget surplus. However, as Thomas
Jefferson once said, and also my grandfather, "Never spend money before you have it." While our
immediate budget picture is certainly healthy, we must not fall into the trap of spending that short-
term money unwisely, because our future budgetary outlook contains more major challenges.
Which is why, in keeping my promise to you, for the very first time in West Virginia's
history, I am providing the Legislature with a five-year forecast of our revenues and expenditures.
Never before has this been done, but if, as I've pledged, we're going to run this state like a business,
then this is a vitally important component of that effort. Our state's traditional shortsightedness has
to end. We must ensure that the decisions we make today are right for tomorrow as well, and this
five-year forecast gives us the tools we all need to do just that.
By working together, with an eye on the future, I am confident we cannot only meet the
challenges ahead, but also overcome them. By making responsible decisions including: increasing our Rainy Day Fund to 10 percent of the General Revenue Budget; decreasing our long-term debt
quickly; working to make government as efficient as possible; and, continuing to plan long-term, we
can ensure that our working men and women, and their children and grandchildren will be provided
better jobs. It is imperative for the elected representatives in this room to look beyond the next
election and work together in a bi-partisan way to do what is best for West Virginia.
And so, it is with that in mind that my administration has developed our goals for the
upcoming year.
While there are many issues that must, and will, be addressed in the next 60 days, there are
two that I believe are paramount to West Virginia's immediate future.
The first: law enforcement.
Even though last year's passage of the Meth Bill was an important step in the right direction,
we have much more to accomplish in the areas of drug and law enforcement. We must make sure
that West Virginia is "Closed," and I mean "Closed" to illegal drugs and drug dealers. That is why
I am announcing tonight that I am committing an additional $1 million this year to our State Police
efforts to crack down hard on our state's drug trade. This money will be used for the equipment,
manpower and education necessary for our Troopers to partner with local law enforcement and
federal officials to bring a stop to this growing problem. Too many times in the past several months,
we've turned on the news only to hear about the senseless death of one of our own as a result of
drug-related violence. In addition, too many of our young have succumbed to the evils of these drugs.
Well, enough is enough. It's going to stop. I'm putting these criminals on notice - now. Wherever
you are and wherever you may be hiding or hiding your illegal drugs, our Troopers are coming - and
they will find you.
In addition, working with the State Police, the Department of Corrections and other law
enforcement professionals, I have prepared and will introduce legislation that aims to stop convicted
child molesters and other sex offenders from repeating their heinous crimes by keeping them behind
bars, out of our communities and away from our children. This new law will: impose tough new
sentences for child molesters and other sex offenders; increase penalties for sex offenders that fail
to register with the state; and, enhance law enforcement's ability to track these criminals once
they've completed their jail sentence.
It's long past time we stop these offenders before they have a chance to prey on our children
again.
My second major legislative initiative revolves around healthcare. Every working person in
West Virginia deserves access to basic, affordable healthcare, which is why I am so committed to
keeping the good jobs with healthcare benefits that we already have in this state and am looking for
ways to create many, many more. While we are making progress in those efforts, we must not forget
those West Virginians who work one and even two jobs, but still can't afford healthcare.
We have done a better job in our state of covering our children, our elderly, our less
fortunate, and even our prisoners, but we have a long way to go for those adults who get up every
day, go to work, and pay taxes to move this state forward, yet have no health coverage.
This is just wrong.
However, we have made some important strides during the past year with the initiation of
two new programs: The West Virginia Small Business Plan and Access West Virginia. In June, the
West Virginia Small Business Plan was introduced to provide small business owners and employees
across our state with an affordable healthcare coverage plan. Then, in July, we introduced Access West Virginia - an innovative insurance solution for individuals who have faced chronic and often
serious illnesses. But it's still not enough.
A majority of West Virginians who are uninsured work full time. They may work two or
three part time jobs and are simply not eligible for these company's insurance plans. Or, they may
work for one of West Virginia's many small businesses that cannot yet afford to provide health
insurance for its employees. These individuals cannot bear the cost of a high premium every month
and need affordable alternatives that will meet their basic needs without breaking the bank. And they
are not alone in their plight - the cost of healthcare to individuals and states has increased throughout
our nation to the point that it is now affecting peoples' ability to pay their every day bills and making
their lives much harder.
And so, tonight I am proposing two new public/private health initiatives to help these West
Virginians get the affordable healthcare they need.
The first is a pilot project that will provide doctor visits, basic testing and reduced prices on
prescriptions at a very affordable price. The "Preventive Care Clinic-Based Plan" will set up sites
around the state at primary care clinics or private doctors offices. Up to eight providers can
participate, and have up to three sites each. The program will allow subscribers access to primary
care services such as checkups, sick visits, x-rays and lab tests at the participating clinic or doctors
office for one monthly fee. This is not insurance and does not cover specialists or hospital costs, but
it does provide basic preventive care at a very low price - starting at some clinics for as low as $1
dollar a day.
The second proposal is called the Affordable Insurance Initiative. This effort provides for
affordable insurance plans for individuals who want, and can afford, more in-depth coverage than the Clinic-Based plan. While it is not the Cadillac of healthcare programs, it is a form of meaningful,
and portable, insurance that will provide the crucial primary and preventive services individuals and
families need to meet the majority of their healthcare concerns. Once approved by the Legislature,
this plan will be offered by commercial insurance carriers starting at a low cost of $99 per month.
Both of these new healthcare initiatives are affordable, cost effective and require no state subsidies.
Make no mistake - these are bold steps. They serve as an example of how government and the
private sector can work together to provide basic health services to the vast majority of West
Virginians without health coverage.
Put the Preventive Care and Affordable Insurance plans together, and I believe we will be
taking one of the most important actions towards improving the health and well being of our state's
citizens and workforce for many years to come and setting a new standard for the rest of the country
to follow. The sooner we can provide preventive care to our workers, the better off we all will be and
the more lives we can save.
As for our other healthcare related efforts in the coming year, we have not achieved results
as quickly as we all would have liked when it comes to reducing the cost of prescription drugs.
Therefore, as part of a comprehensive purchasing overhaul package, I will introduce legislation to
allow state agencies to enter into multi-state purchasing contracts, which could result in a savings
of at least 20 percent on their pharmaceutical purchases - significantly reducing the cost of these
needed medications for thousands of West Virginians.
And, as a follow up to an initiative that was started during last year's State of the State
address, we will form, through legislation, a statewide Health Information Network. With this
network, West Virginia will become a national leader in the conversion to electronic health records - which it is predicted will result in an increase in healthcare quality and the type of dramatic cost
savings that can significantly impact the state's budget. In addition, as part of this overall electronic
medical records initiative, the state will also coordinate with HEALTHeWV, an electronic medical
records program supported by Senator Robert C. Byrd and managed by the National Technology
Transfer Center at Wheeling Jesuit University.
I am also committed to working with hospitals and providers on achieving some form of an
integrated medical billing system in West Virginia. It makes no sense to me that when you have a
medical procedure performed at a hospital or clinic, they can't tell you upfront what it's going to
cost. Then after the procedure is performed, you don't receive a complete bill and, if you're like me,
you have no idea what the total cost was. This is the only service that I know of in America that
operates under these billing procedures. Now is the time for us to change this process.
As for the state employee insurance system, PEIA, my administration is working with
national experts on developing a plan to retool the entire program and make it more cost efficient
for our current workers, retirees and taxpayers.
You have also heard me say many times recently that I want to build off of the work that was
done last year to stop the spread of obesity, heart disease and Type II diabetes in our state's children.
If I could end all of these problems right now with a new law or directive, I would - and I know you
would too. But realistically, it's just not that simple. So I plan to join forces with the Healthy
Lifestyles Council that this Legislature created last year and, with the help of a newly received
Benedum Foundation grant, reach out to as many schools, children and parents as possible in an
educational effort focused on giving them the information they need to make healthy choices.
As has been proven time and time again, if we can impact the habits of our youth, we as adults will soon follow. And make no mistake; my administration will continue to be committed to keeping the
Five Promises to all of our children.
However, the best thing that we can do to improve the health and well being of our citizens
is to continue to improve our job climate.
To the many Americans across the country who may be watching us tonight and the
companies around the world that may be looking for a place to do business, I want you to know that
when you give a West Virginian a chance to have a good job, you'll not find a harder, more
productive worker anywhere else on this planet. The reality of today's world is that businesses and
states are partners. In any good partnership both must be satisfied: companies must receive a
marketable return on their investment and government must receive the good jobs with benefits that
its people deserve. That's a good partnership.
My administration, our Legislature, our United States Senators Robert C. Byrd and Jay
Rockefeller, Congressmen Alan Mollohan and Nick Jo Rahall and Congresswoman Shelley Moore
Capito understand that, and as a result we are working together to be the best partners you will ever
have. Just ask the companies that have chosen to do business with us this past year.
For example, West Virginia's long friendship with Japan, started years ago by Senator
Rockefeller, continued to yield economic development results. Last year, Toyota, Diamond Electric
and A.K. of West Virginia all announced plans to expand.
In addition, approximately 40 other major companies, including Amazon.com, Esseco,
Northrup Grumman, and Prime Woods just to mention a few chose to either locate or expand their
operations in West Virginia during 2005 as well, including our very first Australian company, Intelli-
Spray. In fact, 8,100 new jobs were created in West Virginia last year with more than $2 billion dollars of new investments in West Virginia's economy.
These are the types of good paying jobs with healthcare benefits that we're looking for in
West Virginia. These are also the types of companies that serve as good corporate neighbors to our
state. For example, during this legislative session, Toyota will once-again be presenting a new car
to West Virginia's Teacher of the Year.
And there are more good jobs, and more good corporate neighbors, on the horizon. Talking
to the state's business leaders, they know West Virginia will be experiencing net-gains of thousands
of more new jobs in 2006 in areas such as manufacturing, chemical operations, oil and gas
extraction, nursing and more.
So to create a better-trained workforce to attract these new jobs in 2006, we are using our
colleges and community colleges in partnership with business and labor to train workers for the real
jobs and specific skills needed in the growing industries of West Virginia. I tell companies all the
time - you provide the opportunities, we'll provide the trained workforce.
As an example, Workforce West Virginia is currently coordinating with Shepherd
Community College, the James Rumsey Vocational Education Center and Sino-Swearingen in
Martinsburg to establish a training center directly in Sino-Swearingen's work site to ensure that
students are being taught the specific skills that this growing aircraft company needs now.
I am also pleased to report that West Virginia is one of nine states to be selected to participate
in a Southern Governors Association initiative, funded by the Gates Foundation, to promote high
school reform and rigorous academic preparation for all students so that they can be prepared for the
new good jobs that could, should and will be in West Virginia. The Governor's Advisory Council
on Educational Technology will also continue to work in 2006 to upgrade school technology to ensure that all of our students and teachers - whether they are in a large high school in Martinsburg
or a small elementary school in Matewan - have access to the latest educational programs and
software.
In addition, West Virginia is only the second state in the nation to join the 21st Century Skills
Partnership to make certain our high school graduates have the critical thinking and communications
skills they need to be successful in the global marketplace.
My administration is also continuing our comprehensive review of the state's tax structure
to determine what changes can and should be made to make it easier for our small businesses, the
true lifeblood of our economy, to succeed.
Working together, we are changing the perception the world has of West Virginia's economy
and, most importantly, West Virginians in general. We are beginning to see and experience real
employment opportunities that will have a lasting impact and provide a concrete reason for our
children to stay, work and live in the Mountain State.
However, as optimistic as I am about the current direction of our economy and our efforts
to tie our educational resources to companies' workforce needs, I am also the first to say that there
is still much more to be done.
Job losses and layoffs have taken their toll on many West Virginia families and communities.
We, as a state and as a government, will continue to do everything possible to help those affected
to reenter our workforce as quickly as possible. I will also continue to hold those companies
responsible that have taken tax breaks or incentives from our state without living up to their job
creation promises. The days of taking advantage of West Virginia and its citizens are over!
Which brings me to some very significant news: As I just mentioned, in order for our state to attract new businesses and industries, we must have the skilled workforce that today's employers
are so desperately seeking. And we must devote our educational resources to the development of that
workforce.
To that end, I am pleased to announce that a new technology park will soon be created
utilizing part of Dow's South Charleston Technology Park. With the cooperation and coordination
of Dow, West Virginia University, WVU Tech and Marshall University, the current park will soon
be transformed into a nationally recognized education, research and development center.
This
initiative will also result in the relocation of engineering programs at WVU Tech from
Montgomery to the Technology Park, which will then function as a division of WVU's College of
Engineering and Mineral Resources. WVU Tech will then become one institution again, combining
the remaining four-year programs in Montgomery with the two-year programs. This reconstituted
WVU Tech at Montgomery will be able to grow and continue its commitment to meeting regional
education and workforce training needs.
This new park will be a significant part of West Virginia's answer to years of a declining
manufacturing base, and several research companies are already interested in locating resources and
activities there. In fact, I am happy to report that Battelle Memorial Institute, a world-renowned
contract research institute headquartered in Columbus, Ohio, has already committed through
collaboration with Dow and the Chemical Alliance Zone, to have a presence at the new Technology
Park. Battelle will assign researchers and a manager to the site to conduct research and work with
the universities and other organizations on collaborative research and business opportunities. As a
sign of their commitment to the state and to this very important project, we have here with us tonight
Martin Toomajian, Vice President and Manager of Battelle's Chemicals & Environmental Technologies Division and Allan Fowler, Vice President of Dow's West Virginia Operations.
Gentlemen, please stand. We thank you and sincerely appreciate your efforts in this exciting new
venture.
In addition, as more proof that our economic development efforts are working, in November
of last year I was pleased to welcome to West Virginia Chesapeake Energy Corporation, the second
largest independent producer of natural gas and the most active driller of new natural gas and oil
wells in the United States. Chesapeake is headquartered in Oklahoma City and operates
predominantly in Oklahoma, Arkansas, Kansas, Texas, New Mexico and Louisiana. With its $3
billion purchase of Appalachian Basin natural gas reserves, Chesapeake will soon begin to
aggressively explore and develop clean natural gas wells not only here in West Virginia, but in many
other eastern states as well, including Kentucky, Virginia, Ohio, Pennsylvania and New York.
In December, I traveled to Oklahoma City to meet with Chesapeake's CEO, Aubrey
McClendon, and Oklahoma Governor Brad Henry. And I am pleased to report to you that the result
of those conversations is a decision by Chesapeake Energy to locate its Eastern United States
Division office here in West Virginia.
Mr. McClendon has told me that Chesapeake, which operates its Corporate Headquarters in
a campus-like setting of multiple buildings, will build this headquarters in Charleston. From these
headquarters, Chesapeake's operations across the Appalachian Basin will be directed. They will
aggressively hire geologists, engineers, other energy professionals and staff as activities increase.
The jobs that will be created are high paying, intellectually challenging and the benefits and career
development opportunities are excellent.
With us tonight is Tom Price, Senior Vice President of Corporate Development for Chesapeake Energy Corporation. Tom, please stand and accept our thanks and convey my best
wishes to Aubrey and Governor Henry.
And, I have even more news to announce. I'm pleased to report that this afternoon
Appalachian Power filed an application with the Public Service Commission of West Virginia
seeking authority to construct a 600-megawatt Integrated Gasification Combined Cycle power plant
- or IGCC - electric generating unit in West Virginia. The proposed power plant would be located
next to the company's Mountaineer Plant near New Haven in Mason County.
This is great news for economic development in the state. As one of the first commercial
scale coal gasification projects, this proposed plant will allow us to lead the nation in the
development of clean coal technology for power generation. Plus, coal gasification technology offers
future opportunities to produce clean liquid fuels and chemical feedstock for other industries.
IGCC technology allows us to continue using our state's coal resources in an environmentally
responsible way. With IGCC, we'll have a cleaner environment. An IGCC power plant efficiently
reduces and removes sulfur dioxide, nitrogen oxides, particulates and mercury from plant emissions.
IGCC plants offer opportunity for more efficient, less costly carbon capture for disposal in deep
geologic formations.
Bringing an IGCC plant to West Virginia is part of my overall plan to ensure the future of
coal in West Virginia, and Appalachian Power has said it is committed to working with my
administration on our Coal Conversion Initiatives.
I'd like to recognize and thank two people here tonight: Holly Koeppel, AEP's executive vice
president for its eastern utilities, and Dana Waldo, president and chief operating officer for
Appalachian Power. Please stand. Thank you for your commitment to working with the state of West Virginia on the future of coal and please give your CEO Mike Morris our very best.
Appalachian Power made this filing today for a Certificate of Public Convenience and
Necessity because it needs new generating capacity to meet its customers' growing demand for
electricity.
While this filing is just the beginning of the permitting process, the fact that AEP has
tentatively chosen West Virginia for a project of this significance speaks volumes as to the state of
our current business climate. The jobs that will come from a project of this type, if it is successful
after going through the process, are of the quality that can have a significant impact upon the entire
state. As I said, this isn't just good news; it's great news. AEP has made its commitment to West
Virginia clear; it's now up to both of us to work in the best interests of our ratepayers and citizens
to make this proposed partnership work.
As we all know, energy is crucial to our national and state economies. Our manufacturing
jobs, our transportation systems and our way of life are totally dependent upon a reliable, affordable
energy supply. So, we must do our part to reduce our dependency upon foreign sources of oil. Our
goal in West Virginia is to become a leader in converting coal to liquids and other products such as
natural gas, diesel fuel, jet fuel, hydrogen or chemicals. And announcements such as the one today
from AEP are substantial building blocks towards achieving that goal.
It should be clear from these announcements that by working together in a non-partisan
fashion, we've begun to turn the corner in West Virginia towards economic growth and government
responsibility.
So what happens next? Well, we will do what the miners of our state do every single day -
they put on their work clothes, they strap on their boots and they move forward.
Millions have watched as we've suffered together this past week, and now they will watch
as we continue to grow together - stronger and more determined than ever before. We have hope
in West Virginia. Hope for ourselves; hope for our families; and hope for the future of our state.
But for the first time in a long time, our hope has a foundation. And it is that foundation that
we will continue to build upon during the next 60 days and beyond as we weave a new story for West
Virginia - one of strength, confidence, and, ultimately, success.
And so it is only fitting that tonight as we are surrounded by our friends from the AFL-CIO,
West Virginia Chamber of Commerce, West Virginia Education Association, United Mine Workers
of America, AARP, the Business and Industry Council and Vision Shared, that I report to you that
the first official new sign of West Virginia's progress started going up today on highway borders
across our state. At this time, I would like to share with you a replica of this sign. It is, to my
knowledge, the first of its type in the nation to have a real life scene depicted, which shows the true
beauty of West Virginia. The greeting is quite simple and direct - "Welcome to West Virginia: Open
for Business."
We are open for business, because business means jobs and creating good jobs with benefits
is my personal responsibility as your Governor.
Thank you, God bless you, let our prayers continue to go out to the Sago miners' families and
all West Virginians who have lost loved ones this year and may God save the great state of West
Virginia.
* * * * * * * * * * * *
At the conclusion of the address, His Excellency, the Governor, accompanied by the
Committee of Escort, retired from the Hall of the House of Delegates.
The Doorkeeper escorted the invited guests from the Chamber.
The members of the Senate retired to their Chamber, and the Speaker declared the Joint
Assembly dissolved.
The Speaker then called the House of Delegates to order and laid the following
communication from His Excellency, the Governor, before the House:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, WV
January 11, 2006
Executive Message No. 1
2006 Regular Session
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
Charleston, West Virginia 25305
Dear Mr. Speaker:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and
budget bill for the fiscal year beginning July 1, 2006.
With warmest regards,
Joe Manchin, III,
Governor.
Whereupon,
In compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution, the Speaker introduced the following bill, which was read by its title and referred to the Committee
on Finance:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4013 - "A Bill making appropriations of public money out of the Treasury in
accordance with Section 51, Article VI of the Constitution."
Accompanying the Budget Bill was a document showing estimates of revenue, expenditures,
etc., as required by Section 51, Article VI of the Constitution.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell and Wakim.
At 8:14 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Thursday, January 12, 2006.