WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
FOURTH EXTRAORDINARY SESSION, 2005
SIXTH DAY
____________
Charleston, W. Va., Monday, September 12, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. Karl Ruttan, St. John's
Episcopal Church, Charleston, West Virginia.
Pending the reading of the Journal of Sunday, September 11,
2005,
On motion of Senator Foster, the Journal was approved and the
further reading thereof dispensed with.
On motion of Senator Love, the special order of business set
for this position on the calendar (consideration of executive and
legislative nominations) was postponed and made a special order of
business at 2 p.m. today.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 413--A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended,
relating to providing an increase in the annual base salary of all
sworn State Police personnel.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration, the bill was
read a first time, ordered to second reading, and then referred to
the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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 No. 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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 schoolteacher 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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;
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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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, 2nd
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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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 25, 1895, for gallantry at Vicksburg,
Mississippi, on May 22, 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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 heroes 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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 1960s, 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.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 4009, Relating to regulating elections.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 4009 (originating in the
Committee on the Judiciary)--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 candidates and persons making electioneering
communications to keep and make available for inspection records of
campaign-related contributions and spending; requiring 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; granting the Secretary of State legislative
and emergency rule-making authority; clarifying that electioneering
communications made in coordination with a candidate or political
party are considered contributions to such candidate or political
party; increasing penalty for violations of prohibitions on
corporate contributions to candidates or for electioneering
communications; requiring political organizations to register with
the Secretary of State prior to soliciting or accepting
contributions; prohibiting political organizations from accepting contributions in excess of one thousand dollars before the primary
and general elections; and prohibiting a state official from using
public funds to disseminate his or her name or likeness at certain
times prior to an election.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 4009) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
The Senate proceeded to the sixth order of business.
Senators Barnes, Guills, Caruth, Lanham, Weeks, Yoder,
Sprouse, Deem, Minear, Harrison, McKenzie and Boley offered the
following resolution:
Senate Concurrent Resolution No. 402--Expressing the
Legislature's intent to protect the rights and security of citizens
with respect to private property by enacting legislation or
proposing a constitutional amendment during the 2006 Regular
Session to prohibit the State of West Virginia and its political
subdivisions from taking private property through the process of
eminent domain for the purpose of private economic development.
Whereas, The institution of private property is one of the
cornerstones of our society and the foundation of our nation's prosperity; and
Whereas, Owning property provides security and continuity for
our families and is our nation's indispensable motivator for
achievement and prosperity; and
Whereas, The Legislature recognizes that the legitimate role
of government is to defend these principles rather than to erode
them; and
Whereas, No private property should be taken by the State of
West Virginia or its political subdivisions through the process of
eminent domain unless there is a legitimate public interest and no
feasible alternative exists; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses its intent to protect
the rights and security of citizens with respect to private
property by enacting legislation or proposing a constitutional
amendment during the 2006 Regular Session to prohibit the State of
West Virginia and its political subdivisions from taking private
property through the process of eminent domain for the purpose of
private economic development.
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 403 (originating in the
Committee on Transportation and Infrastructure)--Requesting the
Division of Highways name the bridge at the junction of Route 65
and Route 49 in Matewan, Mingo County, the "Earl Stafford Memorial
Bridge".
Whereas, In the early 1960s, Earl Stafford, unselfishly and in
the interest of his fellow coal miners, underwent dangerous and
vigorous medical testing to help determine the cause and effects of
pneumoconiosis; and
Whereas, As is known today, this chronic disease of the lungs
is an occupational disease which, in the case of Earl Stafford, is
the result of repeated inhalation of coal dust; and
Whereas, The tests and studies that Earl Stafford permitted to
be performed on him to determine the effects of pneumoconiosis have
helped develop treatment for the disease as well as allow coal
miners to receive compensation; and
Whereas, It is fitting that a lasting tribute be made to the
memory of Earl Stafford; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge at the junction of Route 65 and Route 49 in
Matewan, Mingo County, the "Earl Stafford Memorial Bridge"; and, be
it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Earl Stafford Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. C. R. No. 403) contained in the
preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 404 (originating in the
Committee on Transportation and Infrastructure)--Requesting the
Division of Highways name the bridge on U. S. Route 119 at Miller's
Creek, Mingo County, also known as the North Nolan Bridge, the
"Arnold J. Starr Memorial Bridge".
Whereas, Arnold J. Starr was born January 22, 1906, the son of Minnis and Nancy Marcum Starr; and
Whereas, Arnold J. Starr knew the importance of education. He
attended Morehead State University in Kentucky, Concord College in
Athens, Mercer County, and graduated with a degree in Early
Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and
served as principal of Naugatuck Grade School and Red Jacket Junior
High School. He also served as coach of the boys' basketball team;
and
Whereas, In the 1940s, Arnold J. Starr purchased and operated
a grocery store in Williamson until he was elected Mingo County
Assessor, a position he held until January 1973. While serving as
Assessor, he also served as President of the West Virginia County
Officials Association and as a member of the West Virginia
Assessors Association; and
Whereas, After leaving public service as an elected official,
Arnold J. Starr continued to serve his community as an ordained
minister. He also served the State of West Virginia in the
National Guard where he obtained the rank of 1st Lieutenant. He
was very active in a number of civic-minded organizations as well;
and
Whereas, It is fitting that a lasting tribute be established
to recognize the outstanding dedication and commitment Arnold J.
Starr made to the State of West Virginia as an educator, elected
county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on U. S. Route 119 at Miller's Creek, Mingo County,
also known as the North Nolan Bridge, the "Arnold J. Starr Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. C. R. No. 404) contained in the
preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Sprouse, and by unanimous consent,
the Senate returned to the consideration of
Senate Concurrent Resolution No. 402, Expressing Legislature's intent on issue of eminent domain.
Having been introduced in earlier proceedings today.
At the request of Senator Sprouse, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution.
Senator Chafin arose to a point of order that the resolution
offered by Senators Barnes, Guills, Caruth, Lanham, Weeks, Yoder,
Sprouse, Deem, Minear, Harrison, McKenzie and Boley was out of
order, in accordance with article VII, section seven of the
Constitution which states in part ". . . the Legislature . . .
shall enter upon no business except that stated in the proclamation
by which it was called together."
Which point of order, the President ruled well taken.
Following a point of inquiry to the President, with resultant
response thereto,
Senator Sprouse then appealed the ruling of the Chair, and on
this question, Senator Chafin demanded the yeas and nays.
Following discussion and points of inquiry to the President,
with resultant response thereto,
The question being "Shall the Chair be sustained?"
Prior to the call of the roll, Senator Tomblin (Mr. President)
was excused from voting under rule number forty-three of the Rules
of the Senate.
On this question, the yeas were: Bailey, Bowman, Chafin,
Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Unger and White--22.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Harrison,
McKenzie, Minear, Sprouse, Weeks and Yoder--11.
Absent: None.
Excused from voting: Tomblin (Mr. President)--1.
So, a majority of those present and voting having voted in the
affirmative, the President declared the Chair sustained.
Thereafter, on motion of Senator Chafin, the resolution (S. C.
R. No. 402) was referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 406, Providing that the fourth Thursday
and Friday of November are "Thanksgiving Holidays", and combining
Lincoln's Birthday and Washington's Birthday into a single holiday
known as Presidents' Day to match the federal holiday.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed House Bill No. 406 pass?"
On the passage of the bill, the yeas were: Bailey, Bowman,
Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale,
Prezioso, Sharpe, White and Tomblin (Mr. President)--21.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Harrison,
Lanham, McKenzie, Minear, Sprouse, Unger, Weeks and Yoder--13.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 406) passed.
On motion of Senator Bailey, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 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; combining Lincoln's and Washington's
birthdays into a single Presidents' Day holiday.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Chafin,
Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--23.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Harrison,
McKenzie, Minear, Sprouse, Weeks and Yoder--11.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 406) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Boley, and by unanimous consent, the remarks by Senators Weeks and Caruth as to the passage
of Engrossed House Bill No. 406 were ordered printed in the
Appendix to the Journal.
At the request of Senator Yoder, unanimous consent being
granted, the remarks by Senator Sprouse as to the passage of
Engrossed House Bill No. 406 were ordered printed in the Appendix
to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 2 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Love, from the Committee on Confirmations, submitted
the following report, which was received:
Your Committee on Confirmations has had under consideration
Senate Executive Message No. 1, dated September 7, 2005,
requesting confirmation by the Senate of the nominations mentioned
therein. The following list of names from Executive Message No. 1
is submitted:
1. For Member, Consolidated Public Retirement Board, Paul
Hardesty, Holden, Logan County, for the term ending June 30, 2005.
2. For Member, Consolidated Public Retirement Board, Drema
Evans, Beckley, Raleigh County, for the term ending June 30, 2005.
3. For Member, Manufactured Housing Construction and Safety Board, Steven B. Solomon, Morgantown, Monongalia County, for the
term ending June 30, 2010.
4. For Member, Board of Education, Jenny N. Phillips,
Elkins, Randolph County, for the term ending November 4, 2007.
5. For Member, Natural Resources Commission, Gus C. Svokas,
Weirton, Hancock County, for the term ending June 30, 2008.
6. For Member, Board of Architects, Jeffry Kreps,
Charleston, Kanawha County, for the term ending June 30, 2008.
7. For Member, Board of Architects, Gregory A. Williamson,
Huntington, Cabell County, for the term ending June 30, 2009.
8. For Member, Election Commission, William N. Renzelli,
Anmoore, Harrison County, for the term ending June 4, 2011.
9. For Member, Election Commission, Robert Rupp, Buckhannon,
Upshur County, for the term ending June 4, 2011.
10. For Member, Election Commission, Cindy Smith, Putnam
County, for the term ending June 4, 2011.
11. For Member, Education Commission of the States, Charles
E. Bayless, Montgomery, Fayette County, to serve at the will and
pleasure of the Governor.
12. For Member, Board of Pharmacy, Carl Hedrick, Elkins,
Randolph County, for the term ending June 30, 2010.
13. For Member, Board of Pharmacy, Robert Childers,
Huntington, Cabell County, for the term ending June 30, 2008.
14. For Member, Board of Treasury Investments, Jack Rossi,
Charleston, Kanawha County, for the term ending June 30, 2009.
15. For Member, Board of Treasury Investments, Martin Glasser, Charleston, Kanawha County, for the term ending June 30,
2007.
16. For Member, Regional Jail and Correctional Facility
Authority, Dr. Vic Wood, Valley Grove, Ohio County, for the term
ending June 30, 2009.
17. For Member, Regional Jail and Correctional Facility
Authority, Stephen G. Jory, Elkins, Randolph County, for the term
ending June 30, 2009.
18. For Member, Parole Board, Crystal Lynn Love,
Fayetteville, Fayette County, for the term ending June 30, 2011.
19. For Member, Industrial Council, Richard Slater,
Charleston, Kanawha County, for the term ending June 30, 2007.
20. For Member, Industrial Council, Dan Marshall,
Parkersburg, Wood County, for the term ending June 30, 2008.
21. For Member, Industrial Council, Bill Dean, Wheeling, Ohio
County, for the term ending June 30, 2008.
22. For Member, Industrial Council, Charles Bayless,
Montgomery, Fayette County, for the term ending June 30, 2009.
23. For Member, Industrial Council, Walt Pellish,
Shepherdstown, Jefferson County, for the term ending June 30, 2009.
24. For Member, PROMISE Scholarship Board of Control, Barbara
Myers, Morgantown, Monongalia County, for the term ending February
24, 2009.
25. For Member, PROMISE Scholarship Board of Control, Nancy
West, Follansbee, Brooke County, for the term ending February 24,
2008.
26. For Member, PROMISE Scholarship Board of Control, Linda
Morgan, Bridgeport, Harrison County, for the term ending February
24, 2006.
27. For Member, PROMISE Scholarship Board of Control, Helen
Harris, Martinsburg, Berkeley County, for the term ending February
24, 2007.
28. For Member, PROMISE Scholarship Board of Control, Albert
Martine, Daniels, Raleigh County, for the term ending February 24,
2007.
29. For Member, PROMISE Scholarship Board of Control, Kellie
Wright, Huntington, Cabell County, for the term ending February 24,
2009.
30. For Member, PROMISE Scholarship Board of Control, John
Shott, Bluefield, Mercer County, for the term ending February 24,
2006.
31. For Member, Board of the College Prepaid Tuition and
Savings Program, The Honorable Thais Blatnik, Wheeling, Ohio
County, for the term ending June 30, 2007.
32. For Member, Board of the College Prepaid Tuition and
Savings Program, Martin J. Gargano, South Charleston, Kanawha
County, for the term ending June 30, 2009.
33. For Member, Consolidated Public Retirement Board, S. C.
Tucker, South Charleston, Kanawha County, for the term ending June
30, 2010.
34. For Member, Governor's Advisory Council for Educational
Technology, Bill Burrell, Wheeling, Ohio County, for the term ending April 10, 2006.
35. For Member, Governor's Advisory Council for Educational
Technology, Lori Dillard, Eleanor, Putnam County, for the term
ending April 10, 2006.
36. For Member, Governor's Advisory Council for Educational
Technology, Joseph Robertson, Clintonville, Greenbrier County, for
the term ending April 10, 2007.
37. For Member, Governor's Advisory Council for Educational
Technology, Stan Maynard, Huntington, Cabell County, for the term
ending April 10, 2007.
38. For Member, Governor's Advisory Council for Educational
Technology, Susan Day Perrot, Morgantown, Monongalia County, for
the term ending April 10, 2008.
40. For Member, Governor's Advisory Council for Educational
Technology, Lydotta Taylor, Morgantown, Monongalia County, for the
term ending April 10, 2008.
41. For Member, Governor's Advisory Council for Educational
Technology, Chris Wood, St. Albans, Kanawha County, for the term
ending April 10, 2008.
42. For Member, Governor's Advisory Council for Educational
Technology, Wallace Boston, Charles Town, Jefferson County, for the
term ending April 10, 2008.
43. For Member, Governor's Advisory Council for Educational
Technology, Robby Queen, Stollings, Logan County, for the term
ending April 10, 2007.
44. For Member, Governor's Advisory Council for Educational Technology, Jamie Gaucher, Charleston, Kanawha County, for the term
ending April 10, 2007.
45. For Member, Governor's Advisory Council for Educational
Technology, Dennis Taylor, Charleston, Kanawha County, for the term
ending April 10, 2006.
46. For Member, Governor's Advisory Council for Educational
Technology, Lowell Johnson, Lewisburg, Greenbrier County, for the
term ending April 10, 2006.
47. For Member, Public Employees Insurance Agency Finance
Board, Joe Smith, Charleston, Kanawha County, for the term ending
June 30, 2008.
48. For Member, Public Employees Insurance Agency Finance
Board, Mike Garrison, Huntington, Cabell County, for the term
ending June 30, 2005.
49. For Member, Public Employees Insurance Agency Finance
Board, Bill Ilhenfeld, Wheeling, Ohio County, for the term ending
June 30, 2008.
50. For Member, Natural Resources Commission, Jeffrey S.
Bowers, Sugar Grove, Pendleton County, for the term ending June 30,
2012.
51. For Member, Nursing Home Administrators Licensing Board,
Dr. Shirley Neitch, Huntington, Cabell County, for the term ending
June 30, 2010.
52. For Member, Nursing Home Administrators Licensing Board,
Gary Fragale, Princeton, Mercer County, for the term ending June
30, 2011.
53. For Member, Nursing Home Administrators Licensing Board,
Beverly Jezioro, Flemington, Taylor County, for the term ending
June 30, 2008.
54. For Member, Nursing Home Administrators Licensing Board,
Herman Haupstein, Fairmont, Marion County, for the term ending June
30, 2009.
55. For Member, Nursing Home Administrators Licensing Board,
Lou Serra, Weirton, Hancock County, for the term ending June 30,
2008.
56. For Member, Nursing Home Administrators Licensing Board,
Angela Booker, Beckley, Raleigh County, for the term ending June
30, 2010.
57. For Member, Public Energy Authority, Ike Morris,
Glenville, Gilmer County, for the term ending April 1, 2009.
58. For Member, Public Energy Authority, The Honorable Mike
Ross, Coalton, Randolph County, for the term ending April 1, 2007.
59. For Member, Public Energy Authority, Joe Freeland, New
Martinsville, Wetzel County, for the term ending April 1, 2008.
60. For Member, Public Energy Authority, Allen Tweddle,
Charleston, Kanawha County, for the term ending April 1, 2006.
61. For Member, Tourism Commission, Randy Worls, Wheeling,
Ohio County, for the term ending May 1, 2008.
62. For Member, Tourism Commission, Joseph Manchin IV,
Fairmont, Marion County, for the term ending May 1, 2008.
63. For Member, Tourism Commission, Ron Marcus, Charles Town,
Jefferson County, for the term ending May 1, 2008.
64. For Chairman, Tourism Commission, Scott Rotruck,
Morgantown, Monongalia County, for the term ending May 1, 2008.
65. For Member, Probable Cause Review Board, Brad Crouser,
Charleston, Kanawha County, for the term ending June 30, 2006.
66. For Member, Probable Cause Review Board, Holmes Morrison,
Charleston, Kanawha County, for the term ending June 30, 2007.
67. For Member, Probable Cause Review Board, Dan Guida,
Weirton, Hancock County, for the term ending June 30, 2008.
68. For Director, Division of Protective Services, C. R.
Smithers, Glen Morgan, Raleigh County, to serve at the will and
pleasure of the Governor.
69. For Chairman, Public Service Commission, Jon W. McKinney,
Charleston, Kanawha County, for the term ending June 30, 2011.
70. For Commissioner, Bureau of Senior Services, Dr. Sandra
K. Vanin, Morgantown, Monongalia County, to serve at the will and
pleasure of the Governor.
71. For Member, West Virginia University Board of Governors,
The Honorable Mark A. Manchin, Welch, McDowell County, for the term
ending June 30, 2006.
72. For Member, West Virginia University Board of Governors,
John T. Mattern, Fairmont, Marion County, for the term ending June
30, 2009.
73. For Member, West Virginia University Board of Governors,
Dr. Thomas Samuel Clark, Bruceton Mills, Preston County, for the
term ending June 30, 2009.
74. For Member, West Virginia University Board of Governors, Parry Petroplus, Morgantown, Monongalia County, for the term ending
June 30, 2009.
75. For Member, Ethics Commission, The Honorable Larry Rowe,
Charleston, Kanawha County, for the term ending June 30, 2009.
76. For Member, Ethics Commission, The Honorable Jack
Buckalew, Charleston, Kanawha County, for the term ending June 30,
2009.
77. For Member, Ethics Commission, Charles Logan,
Martinsburg, Berkeley County, for the term ending June 30, 2010.
78. For Member, Ethics Commission, R. Kemp Morton III,
Huntington, Cabell County, for the term ending June 30, 2009.
79. For Member, Ethics Commission, John Turak, Moundsville,
Marshall County, for the term ending June 30, 2009.
80. For Chief Executive Officer, Center for Professional
Development, Dr. Patricia Styles Kusimo, Cross Lanes, Kanawha
County, to serve at the will and pleasure of the Governor.
81. For Member, Environmental Quality Board, William H.
Gillespie, Charleston, Kanawha County, for the term ending June 30,
2010.
82. For Member, Environmental Quality Board, James Van Gundy,
Elkins, Randolph County, for the term ending June 30, 2009.
83. For Member, Marshall University Board of Governors,
Virginia King, Poca, Putnam County, for the term ending June 30,
2009.
84. For Member, Marshall University Board of Governors,
Michael J. Farrell, Huntington, Cabell County, for the term ending June 30, 2009.
85. For Member, Marshall University Board of Governors, A.
Michael Perry, Huntington, Cabell County, for the term ending June
30, 2009.
86. For Member, Real Estate Appraiser Licensing and
Certification Board, Barbara Argabrite, Vienna, Wood County, for
the term ending June 30, 2007.
87. For Member, Real Estate Appraiser Licensing and
Certification Board, Neil Patel, Vienna, Wood County, for the term
ending June 30, 2007.
88. For Member, Real Estate Appraiser Licensing and
Certification Board, Timothy W. Helmick, Cross Lanes, Kanawha
County, for the term ending June 30, 2007.
89. For Member, Real Estate Appraiser Licensing and
Certification Board, Mike Jones, Farmington, Marion County, for the
term ending June 30, 2008.
90. For Member, Real Estate Appraiser Licensing and
Certification Board, Scott Barber, Huntington, Cabell County, for
the term ending June 30, 2007.
91. For Member, Manufactured Housing Construction and Safety
Board, Gary Shaw, Fairmont, Marion County, for the term ending June
30, 2010.
92. For Member, Education and State Employees Grievance
Board, Edgar Morano, Wheeling, Ohio County, for the term ending
June 30, 2007.
93. For Member, Education and State Employees Grievance Board, Cam Lewis, Daniels, Raleigh County, for the term ending June
30, 2006.
94. For Member, Fairmont State University Board of Governors,
Andy Kniceley, Fairmont, Marion County, for the term ending June
30, 2009.
95. For Member, Education and State Employees Grievance
Board, David K. Hendrickson, Charleston, Kanawha County, for the
term ending June 30, 2008.
96. For Member, Purchase of Commodities and Services from the
Handicapped, Pete Cuffaro, Wheeling, Ohio County, for the term
ending January 31, 2007.
97. For Member, Purchase of Commodities and Services from the
Handicapped, Jan Smith, Fairmont, Marion County, for the term
ending January 31, 2007.
98. For Member, Purchase of Commodities and Services from the
Handicapped, Brenda Bates Morford, Hurricane, Putnam County, for
the term ending January 31, 2007.
99. For Member, Purchase of Commodities and Services from the
Handicapped, Donna Lipscomb, Charleston, Kanawha County, for the
term ending January 31, 2007.
100. For Member, Purchase of Commodities and Services from the
Handicapped, John Liller, Huntington, Cabell County, for the term
ending January 31, 2007.
101. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Scott Sherman, Old Fields, Hardy
County, for the term ending June 30, 2009.
102. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Kolin Jan, Ridgeley, Mineral County,
for the term ending June 30, 2009.
103. For Director, Division of Homeland Security and Emergency
Management, James J. Gianato, Kimball, McDowell County, to serve at
the will and pleasure of the Governor.
104. For Member, Center for Professional Development Board,
Janie Merandino, Fairmont, Marion County, for the term ending June
30, 2006.
105. For Member, Center for Professional Development Board,
Kenneth D. Heiney, Elizabeth, Wirt County, for the term ending June
30, 2006.
106. For Member, Center for Professional Development Board,
Lori Stilley, Charles Town, Jefferson County, for the term ending
June 30, 2007.
107. For Member, Center for Professional Development Board,
David Copenhaver, Hurricane, Putnam County, for the term ending
June 30, 2007.
108. For Member, Center for Professional Development Board,
Tom Midkiff, Fraziers Bottom, Putnam County, for the term ending
June 30, 2007.
109. For Member, Center for Professional Development Board,
Victoria Smith, Huntington, Cabell County, for the term ending June
30, 2006.
And,
A letter from the President of the Senate and the Speaker of the House of Delegates, dated September 7, 2005, requesting
confirmation by the Senate of the nominations mentioned therein.
The following names are submitted:
1. For Judge, Court of Claims, George F. Fordham,
Clarksburg, Harrison County, for an unexpired term ending June 30,
2009.
2. For Judge, Court of Claims, Robert B. Sayre, Beckley,
Raleigh County, for the term ending June 30, 2011.
And reports the same back with the recommendation that the
Senate do advise and consent to all of the nominations listed
above.
Respectfully submitted,
Shirley Love,
Chair.
__________
The time having arrived for the special order of business to
consider the list of nominees for public office submitted by His
Excellency, the Governor, and legislative nominations submitted by
the President of the Senate and the Speaker of the House of
Delegates, as required by Chapter 14, Article 2, Section 4 of the
Code of West Virginia, the special order thereon was called by the
President.
Thereupon, Senator Tomblin (Mr. President) laid before the
Senate the following executive message and letter from the
President of the Senate and the Speaker of the House of Delegates:
Senate Executive Message No. 1, dated September 7, 2005 (shown in the Senate Journal of that day, pages 12 through 25, inclusive);
And,
A letter from the President of the Senate and the Speaker of
the House of Delegates, dated September 7, 2005 (shown in the
Senate Journal of that day, pages 11 and 12).
Senator Chafin then moved that the Senate advise and consent
to all of the executive nominations referred to in the foregoing
report from the Committee on Confirmations and that the legislative
nominations of George F. Fordham, as Judge, Court of Claims, and
Robert B. Sayre, as Judge, Court of Claims, be confirmed.
On motion of Senator Bailey, Senator Chafin's motion was
amended to provide that the nomination of Crystal Lynn Love to the
Parole Board (being nomination number 18 in Executive Message No.
1) and Timothy W. Helmick to the Real Estate Appraiser Licensing
and Certification Board (being nomination number 88 in Executive
Message No. 1) be considered separately.
The question being on the adoption of Senator Chafin's motion,
as amended,
The roll was then taken; and
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Chafin's
motion, as amended, had prevailed.
Senator Bailey then moved that the nomination of Crystal Lynn
Love to the Parole Board (being nomination number 18 in Executive
Message No. 1) be confirmed.
Prior to the call of the roll, Senator Love moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
The roll was then taken; and
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: None.
Excused from voting: Love--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Bailey's
motion had prevailed and the nomination of Crystal Lynn Love to the
Parole Board had been confirmed.
Senator Bailey then moved that the nomination of Timothy W.
Helmick to the Real Estate Appraiser Licensing and Certification Board (being nomination number 88 in Executive Message No. 1) be
confirmed.
Prior to the call of the roll, Senator Helmick moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
The roll was then taken; and
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: None.
Excused from voting: Helmick--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Bailey's
motion had prevailed and the nomination of Timothy W. Helmick to
the Real Estate Appraiser Licensing and Certification Board had
been confirmed.
__________
Consideration of executive and legislative nominations having
been concluded,
The Senate resumed business under the fourth order.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 4013 (originating in the
Committee on the Judiciary), Amending certain provisions of the
code involving horse and dog racing; distribution of certain
proceeds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 4013 (originating
in the Committee on Finance)--A Bill to amend and reenact §19-23-9,
§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
special funds, to be established by the Racing Commission, to be
used for the payment of breeders' awards, restrictive races and
stakes purses; deleting obsolete provisions; deleting the stated
objective for the Fund to aid in the rejuvenation and development
of horse tracks in the state for capital improvements and other
purposes; 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 requirement increasing certain 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; 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 of this code from eligibility for treatment under
the provisions of section thirteen-b of said article; providing
that on the first day of January, two thousand six, licensed racing
associations must have a West Virginia Thoroughbred Racing
Breeders' Program; clarifying disbursement of funds for the benefit
of the West Virginia Breeders' Classic; requiring Racing Commission
to conduct a study of the adequacy of funding of certain
thoroughbred development funds and requiring a report thereon to
the Legislature; allowing for different uses of thoroughbred
development funds by thoroughbred racing tracks based upon
differences in circumstance; deleting provisions of the Racetrack
Video Lottery Act exempting certain licensees from paying into the
thoroughbred and greyhound breeders' funds; increasing maximum
amount from the general purse fund for purposes of restricted races
for the thoroughbred racetrack which participated in the
Thoroughbred Development Fund for at least four consecutive years
prior to the thirty-first day of December, one thousand nine
hundred ninety-two; and making technical corrections and providing reversion of racetrack video lottery excess net terminal income
diverted from the racetrack purse funds to Workers' Compensation
Debt Reduction Fund pursuant to Enrolled Senate Bill No. 1004 which
took effect the twenty-ninth day of January, two thousand five, 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.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 4013)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Bowman, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr.
President)--26.
The nays were: Barnes, Boley, Caruth, Guills, Harrison, Minear, Sprouse and Weeks--8.
Absent: None.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 413, Providing an increase
in the annual base salary of all sworn state police personnel.
And has amended same.
Now on second reading, having been received as a House
message, which message was taken up for immediate consideration,
the bill read a first time, ordered to second reading and then
referred to the Committee on Finance in prior proceedings today;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 413) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was then read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page four, section five, by striking out all of lines
forty-three through fifty-seven and inserting in lieu thereof the
following:
Cadet During Training $2,331.00 Mo. $27,972
Cadet Trooper After Training 2,734.00 Mo. 32,808
Trooper Second Year 33,272
Trooper Third Year 33,644
Trooper Fourth & Fifth Year 33,944
Senior Trooper 36,032
Trooper First Class 38,020
Corporal 40,208
Sergeant 44,384
First Sergeant 46,472
Second Lieutenant 48,560
First Lieutenant 50,648
Captain 52,736
Major 54,724
Lieutenant Colonel 56,012;
On page five, section five, by striking out all of lines
sixty-nine through seventy-six and inserting in lieu thereof the
following:
I 33,944
II 36,032
III 38,020
IV 40,208
V 44,384
VI 46,472
VII 48,560
VIII 50,648;
And,
On page six, section five, by striking out all of lines
eighty-six through ninety-two and inserting in lieu thereof the
following:
I 33,944
II 36,032
III 38,020
IV 40,208
V 44,384
VI 46,472
VII 48,560
VIII 50,648.
On motion of Senator Yoder, the following amendment to the
bill (Eng. Com. Sub. for H. B. No. 413) was next reported by the
Clerk:
On page ten, section five, after line one hundred sixty-three,
by adding the following:
(j) Each member of the West Virginia State Police who resides
in a county in which the average monthly mortgage payment upon
residential property is equal to or greater than seven hundred
thirty-five dollars as determined by the Bureau of Census of the
United States Department of Commerce in the taking of the two
thousand census of population shall receive an annual housing
allowance supplement to be determined according to the following:
Average Monthly Mortgage Housing Allowance Supplement
$735.00 to $745.00 $ 300.00
$745.01 to $760.00 600.00
$760.01 to $790.00 900.00
$790.01 to $820.00 1,200.00
$820.01 to $850.00 l,500.00
$850.01 to $890.00 l,800.00
$890.01 to $930.00 2,100.00
$930.01 and above 2,400.00
The payments shall be made in equal monthly installments and shall
be considered a part of the state minimum salaries for members of
the State Police: Provided, That any housing allowance supplement that a member of the State Police is entitled to receive as a
result of the enactment of this section shall not be paid until the
first pay date after the first day of November, two thousand five.
The question being on the adoption of Senator Yoder's
amendment to the bill, and on this question, Senator Yoder demanded
the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Deem, Guills, Harrison, Minear, Oliverio, Sprouse, Unger, Weeks and
Yoder--12.
The nays were: Bailey, Bowman, Chafin, Dempsey, Edgell,
Facemyer, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Plymale, Prezioso, Sharpe,
White and Tomblin (Mr. President)--22.
Absent: None.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Yoder's amendment
to the bill (Eng. Com. Sub. for H. B. No. 413) rejected.
On motion of Senator Love, the following amendment to the bill
was next reported by the Clerk:
On page ten, after section five, by adding the following:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§50-1-8. Magistrate court clerks; salaries; duties; duties of
circuit clerk.
(a) In each county having three or more magistrates the judge
of the circuit court or the chief judge of the circuit court, if there is more than one judge of the circuit court, shall appoint a
magistrate court clerk. In all other counties the judge may
appoint a magistrate court clerk or may by rule require the duties
of the magistrate court clerk to be performed by the clerk of the
circuit court, in which event the circuit court clerk is entitled
to additional compensation in the amount of two thousand five
hundred dollars per year. The magistrate court clerk serves at the
will and pleasure of the circuit judge.
(b) Magistrate court clerks shall be paid a monthly salary by
the state. Magistrate court clerks serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to one thousand seven hundred forty-eight dollars per month and
magistrate court clerks serving magistrates who serve eight
thousand four hundred or more in population shall be paid up to two
thousand one hundred fifty-seven dollars per month: Provided, That
on and after Commencing the first day of January July, two thousand
two six, magistrate court clerks serving magistrates who serve less
than eight thousand four hundred in population shall be paid up to
one thousand nine hundred ninety-eight two thousand five hundred
forty-five dollars per month and magistrate court clerks serving
magistrates who serve eight thousand four hundred or more in
population shall be paid up to two thousand four hundred seven two
thousand nine hundred fifty-four dollars per month: Provided,
however, That after the effective date of this section, any general
salary increase granted to all state employees, whose salaries are
not set by statute, expressed as a percentage increase or an "across-the-board" increase, may also be granted to magistrate
court clerks. For the purpose of determining the population served
by each magistrate, the number of magistrates authorized for each
county shall be divided into the population of each county. The
salary of the magistrate court clerk shall be established by the
judge of the circuit court, or the chief judge of the circuit court
if there is more than one judge of the circuit court, within the
limits set forth in this section.
(c) In addition to other duties that may be imposed by the
provisions of this chapter or by the rules of the Supreme Court of
Appeals or the judge of the circuit court or the chief judge of the
circuit court if there is more than one judge of the circuit court,
it is the duty of the magistrate court clerk to establish and
maintain appropriate dockets and records in a centralized system
for the magistrate court, to assist in the preparation of the
reports required of the court and to carry out on behalf of the
magistrates or chief magistrate if a chief magistrate is appointed,
the administrative duties of the court.
(d) The magistrate court clerk, or if there is no magistrate
court clerk in the county, the clerk of the circuit court, may
issue all manner of civil process and require the enforcement of
subpoenas and subpoenas duces tecum in magistrate court.
§50-1-9. Magistrate assistants; salary; duties.
(a) In each county there shall be one magistrate assistant for
each magistrate. Each magistrate assistant shall be appointed by
the magistrate under whose authority and supervision and at whose will and pleasure he or she shall serve. The assistant shall not
be a member of the immediate family of any magistrate and shall not
have been convicted of a felony or any misdemeanor involving moral
turpitude and shall reside in the State of West Virginia. For the
purpose of this section, "immediate family" means the relationships
of mother, father, sister, brother, child or spouse.
(b) A magistrate assistant shall have the duties, clerical or
otherwise, assigned by the magistrate and prescribed by the rules
of the Supreme Court of Appeals or the judge of the circuit court
or the chief judge of the circuit court if there is more than one
judge of the circuit court. In addition to these duties,
magistrate assistants shall perform and are accountable to the
magistrate court clerks with respect to the following duties:
(1) The preparation of summons in civil actions;
(2) The assignment of civil actions to the various
magistrates;
(3) The collection of all costs, fees, fines, forfeitures and
penalties which are payable to the court;
(4) The submission of moneys, along with an accounting of the
moneys, to appropriate authorities as provided by law;
(5) The daily disposition of closed files which are to be
located in the magistrate clerk's office;
(6) All duties related to the gathering of information and
documents necessary for the preparation of administrative reports
and documents required by the rules of the Supreme Court of Appeals
or the judge of the circuit court or the chief judge of the circuit court if there is more than one judge of the circuit court;
(7) All duties relating to the notification, certification and
payment of jurors serving pursuant to the terms of this chapter;
(8) All other duties or responsibilities whereby the
magistrate assistant is accountable to the magistrate court clerk
as determined by the magistrate.
(c) Magistrate assistants shall be paid a monthly salary by
the state. Magistrate assistants serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to one thousand four hundred seventy-four dollars per month and
magistrate assistants serving magistrates who serve eight thousand
four hundred or more in population shall be paid up to one thousand
seven hundred thirty-two dollars per month: Provided, That on and
after Commencing the first day of January July, two thousand two
six, magistrate assistants serving magistrates who serve less than
eight thousand four hundred in population shall be paid up to one
thousand seven hundred twenty-four two thousand two hundred
seventy-one dollars per month and magistrate assistants serving
magistrates who serve eight thousand four hundred or more in
population shall be paid up to one thousand nine hundred eighty-two
two thousand five hundred twenty-nine dollars per month: Provided,
however, That after the effective date of this section, any general
salary increase granted to all state employees, whose salaries are
not set by statute, expressed as a percentage increase or an
"across-the-board" increase, may also be granted to magistrate
assistants. For the purpose of determining the population served by each magistrate, the number of magistrates authorized for each
county shall be divided into the population of each county. The
salary of the magistrate assistant shall be established by the
magistrate within the limits set forth in this section.
The question being on the adoption of Senator Love's amendment
to the bill (Eng. Com. Sub. for H. B. No. 413).
Following discussion,
Senator Helmick arose to a point of order that Senator Love's
amendment was not germane to the bill.
Which point of order, the President ruled well taken.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
413) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 413) passed with its title.
Senator Chafin moved that the bill take effect November 1,
2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 413) takes effect November 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 4014, Making supplementary appropriation
to Lottery Commission, Excess Lottery Revenue Fund Surplus.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page two, section five, by striking out the words "From the above appropriation for Unclassified - Total - Transfer, fund 7208"
and inserting in lieu thereof the words "From the above
appropriation for Unclassified - Transfer, fund 7208".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 4014, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 4014) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 4014) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 4015, Supplementing, amending, reducing
and increasing items of existing appropriation from Department of
Agriculture, Fees Fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 4016, Making supplementary appropriation
to Department of Agriculture, Agricultural Land Protection
Authority.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 4017, Supplementing, amending, reducing
and increasing items of existing appropriations from State Fund,
General Revenue, to Division of Human Services and Higher Education
Policy Commission.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 411--A Bill
to amend and
reenact §19-23-9, §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 special funds, to be established by the Racing
Commission, to be used for the payment of breeders' awards,
restrictive races and stakes purses; deleting obsolete provisions;
deleting the stated objective for the Fund to aid in the
rejuvenation and development of horse tracks in the state for
capital improvements and other purposes; 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 and 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 requirement increasing certain
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; 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 of said code from eligibility for treatment under
the provisions of section thirteen-b of said article; providing
that on the first day of January, two thousand six, licensed racing
associations must have a West Virginia Thoroughbred Racing
Breeders' Program; clarifying disbursement of funds for the benefit
of the West Virginia Breeders' Classic; requiring Racing Commission
to conduct a study of the adequacy of funding of certain
thoroughbred development funds and requiring a report thereon to
the Legislature; allowing for different uses of thoroughbred
development funds by thoroughbred racing tracks based upon
differences in circumstance; deleting provisions of the Racetrack
Video Lottery Act exempting certain licensees from paying into the
thoroughbred and greyhound breeders funds; increasing maximum
amount from the general purse fund for purposes of restricted races
for the thoroughbred racetrack which participated in the
Thoroughbred Development Fund for at least four consecutive years
prior to the thirty-first day of December, one thousand nine
hundred ninety-two; making technical corrections and providing
reversion of racetrack video lottery excess net terminal income
diverted from the racetrack purse funds to Workers' Compensation
Debt Reduction Fund pursuant to Enrolled Senate Bill No. 1004 which
took effect the twenty-ninth day of January, two thousand five, 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 to each fiscal year from the purse funds to the
workers' compensation debt.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Bowman, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr.
President)--26.
The nays were: Barnes, Boley, Caruth, Guills, Harrison,
Minear, Sprouse and Weeks--8.
Absent: None.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 412--A Bill
to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §23-2C-24; and to amend and reenact §23-2D-4 of
said code, all relating generally to Workers' Compensation; authorizing the Governor to condition the transfer of certain funds
to the New Fund administered by the successor to the Workers'
Compensation Commission upon repayment of the funds under surplus
note or other loan arrangement; 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.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
412) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 412) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 412) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of meetings of standing committees of the
Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 414--A Bill supplementing
and amending chapter sixteen, acts of the Legislature, regular
session, two thousand five, as amended, known as the budget bill,
all supplementing and amending the appropriations, as specified
herein, with all necessary adjustments of increase (all other items
and language of appropriations of such funds, as set forth in the
budget bill, to remain unchanged and unaffected) and new
appropriations provided for by this legislation for the fiscal year
ending the thirtieth day of June, two thousand six.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration, the bill was
read a first time, ordered to second reading, and then referred to
the Committee on Finance.
The Senate again proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 4007, Relating generally to consumers sales
and use taxes on food.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 4007) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
The Senate proceeded to the thirteenth order of business.
Senator Facemyer called attention to today being the birthday
of the senator from Mason and on behalf of the Senate extended
felicitations and good wishes to Senator Lanham, with Senator
Sharpe leading the members in singing "Happy Birthday".
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, September 13, 2005, at 11 a.m.
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