sdj-6th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
SIXTH DAY
____________

Charleston, W. Va., Monday, January 16, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Evangelist Chic Barrett, Pine Grove Church of Christ, Scott Depot, West Virginia.
Pending the reading of the Journal of Friday, January 13, 2006,
On motion of Senator Foster, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military veterans privileges of the floor for the day.
The Senate proceeded to the third order of business.
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. 2--Requesting the Division of Highways to name the bridge on Cleveland Avenue in Buckhannon, West Virginia, the "William S. O'Brien Memorial Bridge".
Whereas, William S. O'Brien was born the son of Colonel Emmet J. and Marsha Ann O'Brien on January 8, 1862, at Audra, on the Middle Fork River in Barbour County, West Virginia, and moved with them to Weston, Lewis County, West Virginia, in 1867; and
Whereas, After obtaining his degree from West Virginia University in 1891, he began actively practicing law; and
Whereas, William S. O'Brien was married to his beloved wife, Emma White, on October 14, 1896, which produced four wonderful children, three sons and one daughter; and
Whereas, During his long career as a public servant, William O'Brien taught school, served as a captain in the National Guard, was a member of the Masons and the Knights of Pythias, served as editor of the newspaper, sat as judge of the twelfth judicial circuit from 1913 to 1920 and was elected a member of Congress from the Third District in 1926; and
Whereas, William S. O'Brien served as Secretary of State from 1932 until he passed on August 10, 1948; and
Whereas, The members of the West Virginia Legislature would like to honor the public service and the life of William O'Brien; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on Cleveland Avenue in Buckhannon, West Virginia, Department of Highways design division bridge number 10232, in honor of William O'Brien, a legislator, lawyer, educator, family man and public servant; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridge signs identifying it as the "William S. O'Brien Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
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. 3--Requesting the Division of Highways name the bridge located 0.01 miles south of County Route 26 and located on Route 85 in the community of Van, West Virginia, the "Thom Cline Memorial Bridge".
Whereas, Thom Cline was a 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. 4--Requesting the Division of Highways to name the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle Bridge".
Whereas, When Joe was three years old, he was hit by a car leaving him mentally and physically challenged; and
Whereas, Since then Joe's passion in life is riding to and from the bridge and greeting everyone who enters or leaves Curtin; and
Whereas, A few years ago, the State rebuilt the bridge and Joe made his rounds as if he were the bridge foreman; and
Whereas, When the bridge was completed, a yellow ribbon was put across the bridge and Joe rode his bike across it breaking the ribbon with hands held high in the air celebrating the new bridge and his favorite hangout; and
Whereas, Recently, Joe's health declined when he started having congestive heart failure and his breath was too short to ride his bike; and
Whereas, Joe became depressed because he could not ride his bike to the bridge; and
Whereas, Since then a pacemaker has given Joe new life and energy to ride back to the bridge and man his position as the unofficial "greeter" on the bridge for Curtin; and
Whereas, The members of the Legislature would like to honor Joe for his dedication and passion for life by naming the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of Highways and to Larry "Joe" Markle.
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. 5--Requesting the Division of Highways to name the new Watson Bridge over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Watson Senior Citizens Bridge in Honor of Jim Costello".
Whereas, Jim Costello was born in Monongah, Marion County, June 26, 1923, one of seven children, the son of John Costello, a coal miner, and Amanda Dee Swisher Costello, a midwife, and he passed away on June 7, 2002, leaving a wife, Evelyn Muto Costello, a daughter and son-in-law, Diane and Marc Cervo, a 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. 6--Providing for naming the section of West Virginia Route 16 from the intersection of West Virginia Route 16 and West Virginia Route 5, north to the Ritchie County line the "Sheriff Park D. Richards Memorial Highway".
Whereas, Park D. Richards served honorably as sheriff of Calhoun County until his untimely death at the age of sixty-two, during the line of duty in 1976; and
Whereas, On November 18, 1976, Calhoun County Sheriff Park D. Richards died in the line of duty while he and State Trooper C. W. "Chuck" McDonald were serving a warrant on a dangerous and disturbed individual; and
Whereas, When Sheriff Richards and Trooper McDonald announced their intent, the individual fired a high-powered rifle, striking Sheriff Richards in the throat; and
Whereas, Sheriff Richards died at the scene of the crime shortly after being shot; and
Whereas, Sheriff Richards is memorialized in a plaque memorial which hangs on one of the pillars at the Calhoun County Courthouse; and
Whereas, Sheriff Richards is memorialized as one of the names which appears on "Fallen Partner", the State of West Virginia's statue memorial to West Virginia Police officers killed in the line of duty, located outside the Cultural Center at the Capitol Complex in Charleston; and
Whereas, There is an online memorial to Sheriff Richards, hosted by The Officer Down Memorial Page, Inc., where he is honored with the 17,344 United States police officers who have died in the country to date; and
Whereas, Those who knew Richards can leave remembrances of him at www.odmp.org; and
Whereas, The Town of Grantsville has declared November 18 as Sheriff Park Richards Day, and a wreath will be hung beneath his plaque at the Calhoun County Courthouse annually; therefore, be it
Resolved by the Legislature of West Virginia:
That the section of West Virginia Route 16 from the intersection of West Virginia Route 16 and West Virginia Route 5, north to the Ritchie County line be named the "Sheriff Park D. Richards Memorial Highway"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be manufactured appropriate signs with the prominent display of the words "Sheriff Park D. Richards Memorial Highway" and to erect same along the section of West Virginia Route 16 from the intersection of West Virginia Route 16 and West Virginia Route 5, north to the Ritchie County line, West Virginia.
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. 7--Requesting the Division of Highways to name the bridge at McCauley in Hardy County, West Virginia, the "John and Freda Rudy Memorial Bridge".
Whereas, John and Freda Rudy lived a life of joy, nurturing not only a budding business but also a loving family; and
Whereas, John and Freda Rudy began their career in the grocery business in 1938, creating a business that would become a vital part of the community; and
Whereas, Both were named Outstanding Democrat of the Year for Hardy County, John Rudy in 1987 and Freda Rudy in 1990; and
Whereas, John and Freda owned and operated the store they built together to unselfishly serve their community for more than fifty-five years; and
Whereas, After John's death in December, 1995, Freda continued to live in their store/home until her passing in November, 2004; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge at McCauley in Hardy County, West Virginia, in honor of John and Freda Rudy, devoted parents, grandparents, friends, merchants and public servants; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridge signs identifying it as the "John and Freda Rudy Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Rudy Family.
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. 8--Requesting the West Virginia Division of Highways to name the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson Memorial Bridge".
Whereas, David Rickey Carson, the son of Mr. and Mrs. Raymond Carson, was born on September 8, 1947, at Lesage, Cabell County, West Virginia; and
Whereas, Specialist/4 David Rickey Carson was killed in action on January 31, 1968, at Gia Dinh, Vietnam, while serving in the U. S. Army, 1st Log Command; and
Whereas, Specialist/4 David Rickey Carson was awarded the Purple Heart, posthumously; and
Whereas, David Rickey Carson gave his young life in the service of his country on a battlefield in a country far away, the supreme sacrifice for the cause of freedom; and
Whereas, The life of David Rickey Carson should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to name the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of David Rickey Carson.
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. 9--Honoring the late Leonard R. Valentine by declaring the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia, the "Leonard Valentine 'Coach Val' Memorial Bridge".
Whereas, Coach Val was the first African-American coach in the State of West Virginia to win state championships in two different sports, football in 1951 and basketball in 1963, for Conley High School, the Blue Devils, an all-black school; and
Whereas, Coach Val, was featured in Jet Magazine for being the first African-American coach to win a boys state basketball championship in the State of West Virginia with an all-black team; and
Whereas, Coach Val served as the assistant coach to Don Nuckols in both the 1970 and 1972 West Virginia boys state basketball championships; and
Whereas, Coach Val was a graduate and All-American in football as a tight end for Bluefield State College; and
Whereas, Coach Val became a life member of the Kappa Alpha Psi Fraternity, Inc., and later the Founding Father of the Beckley Alumni Chapter of Kappa Alpha Psi; and
Whereas, Coach Val did community service for the City of Mullens, West Virginia, by ensuring that all community playgrounds for the youth were operational and functioning for the kids during summer, after school had ended for the year; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to designate and name the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia, the "Leonard Valentine 'Coach Val' Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Leonard Valentine 'Coach Val' Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, the family of Leonard R. Valentine and the City of Mullens.
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. 10--Requesting the West Virginia Division of Highways to name the bridge on I-64 at the intersection of Rt. 219 in Lewisburg, Greenbrier County, West Virginia, the "Gary Wayne Martini Memorial Bridge".
Whereas, Gary Wayne Martini, the son of William Lee Martini and the late Ann Aldridge Martini Humphrey, was born in Lexington, Virginia, on September 21, 1948, and moved at an early age to Greenbrier County, West Virginia, with his family; and
Whereas, Gary Wayne Martini was raised on Germany Road near Frankford, West Virginia, and attended Greenbrier County schools in Frankford; and
Whereas, Private First Class Gary Wayne Martini was killed in hostile action on April 21, 1967, at Binh Son, Republic of Vietnam, while serving with the U. S. Marine Corps, Company F, 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. 11--Requesting the Division of Highways name the bridge located on Jakes Run Road off Frame Road in Elkview, West Virginia, the "Private James C. Summers Memorial Bridge".
Whereas, James Summers was born in Kanawha County February 14, 1838; and
Whereas, James Summers was a private in Company H, 4th West Virginia Infantry; and
Whereas, Private Summers was awarded the Congressional Medal of Honor on February 25th, 1895 for gallantry at Vicksburg, Mississippi, on May 22nd, 1863; and
Whereas, Private Summers fought and lived through the charge of the "volunteer storming party" in which 3,000 fellow soldiers gave the ultimate sacrifice for the preservation of the Union; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge located on Jakes Run Road off Frame Road in Elkview, West Virginia, the "Private James C. Summers Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the family of Private James C. Summers.
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. 12--Requesting the West Virginia Division of Highways name Bridge 4827 the "Sergeant George F. Eubanks Memorial Bridge".
Whereas, Sgt. Eubanks was born on December 7, 1946, in Rawl, West Virginia, and attended Barboursville and Huntington East high schools, where he was a member of the band and the football and wrestling teams; and
Whereas, Sgt. Eubanks served his community as a volunteer fireman; and
Whereas, Sgt. Eubanks was a member of the Baptist Church at Guyandotte; and
Whereas, Sgt. Eubanks volunteered for duty in Vietnam in 1967, serving as a member of the U. S. Army's First Air Cavalry Division, Scout Dog Team, 25th Infantry Platoon; and
Whereas, Sgt. Eubanks was killed on December 7, 1967, which happened to be his twenty-first birthday, while serving in Vietnam; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested to name Bridge 4827 the "Sergeant George F. Eubanks Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the West Virginia Division of Highways, the Secretary of the West Virginia Department of Transportation and the Governor of West Virginia.
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. 13--Requesting the Division of Highways to name the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia, at the end of Posey Saxon Road approximately four tenths of one mile from State Route 3, the "Sergeant Billy Ray Holmes Memorial Bridge".
Whereas, Sgt. Holmes was born on June 12, 1948, in Beckley and graduated from Marsh Fork High School in Raleigh County in 1966 and entered the Army in January, 1967; and
Whereas, Sgt. Holmes finished basic training at Fort Benning, Georgia, and was stationed at Fort Lewis, Washington, before joining his brother in Vietnam; and
Whereas, Sgt. Holmes was killed in combat in Vietnam on July 3, 1968; and
Whereas, Sgt. Holmes was the commander of an armored personnel carrier when the vehicle was attacked by the Viet Cong; and
Whereas, The entire crew left the carrier and took cover in nearby bushes but Sgt. Holmes went back to the vehicle and started to fire a .50 caliber machine gun; and
Whereas, During this fight, Sgt. Holmes was hit in the stomach by an armor-piercing shell, which was about twelve inches in length and five inches in diameter at the largest point; and
Whereas, Sgt. Holmes died within moments of being shot; and
Whereas, A few days before his death, Sgt. Holmes sustained shrapnel wounds when another personnel carrier that he commanded was destroyed by Viet Cong fire; and
Whereas, Sgt. Holmes was awarded the Purple Heart and the Bronze Star for his service to his country; and
Whereas, Through his untiring efforts and professional ability, Sgt. Holmes consistently obtained outstanding results; and
Whereas, Sgt. Holmes was quick to grasp the implications of new problems with which he was faced as a result of the ever- changing situations inherent in a counterinsurgency operation and to find ways and means to solve those problems; and
Whereas, It is only fitting and proper that the Legislature and people of the State of West Virginia honor one of its native sons and fallen hero by naming the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia, at the end of Posey Saxon Road approximately four tenths of one mile from State Route 3, the "Sergeant Billy Ray Holmes Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia, at the end of Posey Saxon Road approximately four tenths of one mile from State Route 3, the "Sergeant Billy Ray Holmes Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to cause to be fabricated signs, to be posted at both ends of the above-designated bridge, with words, printed in bold and prominent fashion, proclaiming the "Sergeant Billy Ray Holmes Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to provide a certified copy of this resolution to the family of Sergeant Billy Ray Holmes.
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. 14--Requesting the West Virginia Division of Highways to name State Route 25 from Glen Jean to Thurmond in Fayette County the "Jon Dragan Road".
Whereas, Jon Dragan was born in Fayette County, Pennsylvania, on September 11, 1942, but was drawn to Fayette County, West Virginia, as a young man by the lure of whitewater rapids on the New River; and
Whereas, In 1968 Jon Dragan, along with his brothers Tom and Chris and his future wife, Melanie, began operating the State's first commercial rafting company, Wildwater Expeditions Unlimited, on the New River; and
Whereas, Jon Dragan's pioneering efforts on the New River that summer of 1968 led to the development of a whitewater rafting industry that today is a driving force in the State's tourism economy; and
Whereas, Jon Dragan's contributions to Fayette County and the State of West Virginia extend far beyond whitewater rafting, for Jon played an important role in the creation and development of the New River Gorge National River, Bridge Day and numerous other endeavors such as the West Virginia Southern Railway; and
Whereas, Jon Dragan's spirit of adventure in his professional life extended to his personal life as well, where Jon participated in whitewater expeditions in remote locations such as Tibet and China, explored exotic locations such as the Galapagos Islands and Antarctica, and skied in remote areas around the world; and
Whereas, Jon Dragan's personality, humor, vision and entrepreneurial spirit were examples for all and inspiration to many; and
Whereas, Jon Dragan was truly a man of legendary proportion, and his sudden and unexpected passing has left a void in many lives and in the State dynamic; and
Whereas, Jon Dragan was called from this earth on February 12, 2005, passing away after a short illness; and
Whereas, Jon Dragan's pioneering spirit and his prodigious work ethic enabled him to accomplish much in his relatively short lifetime, and he leaves behind a legacy that will endure to the great benefit of Fayette County and the State of West Virginia for generations to come; and
Whereas, It is only fitting that we pay homage to "The Father of Whitewater Rafting in West Virginia" by naming in his honor the access road State Route 25 from Glen Jean to Thurmond, finding the New River Gorge where so many thousands of whitewater rafters travel each year to reach the New River; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested to name State Route 25 from Glen Jean to Thurmond in Fayette County the "Jon Dragan Road"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the West Virginia Division of Highways, to Melanie Dragan, to Jon and Melanie's daughter, Melissa, and to their son, Josh.
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. 15--Requesting the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the "Brock's Bridge".
Whereas, The bridge over the Gauley River at Brock's Ferry was first built in 1904 at a cost of approximately $10,000; and
Whereas, For years this bridge was known by locals as the Brock's Bridge; and
Whereas, After the Gauley River was dammed and Summersville Lake was completed in the 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.
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. 16--Honoring the late Roy M. Lilly by declaring the one-lane bridge on Route 12/7 entering Corinne Bottom, West Virginia, at milepost 0.03 the "Roy M. Lilly Memorial Bridge".
Whereas, Roy M. Lilly was not a mayor, a businessman or even the first to accomplish something of great importance. He was just a simple man who led a simple life. He was the unsung hero of Corinne Bottom, West Virginia; and
Whereas, Roy always went out of his way to lend a helping hand to members of the community or a stranger in need. Whether it was lending money to a neighbor, giving a ride to those less fortunate or giving clothes and supplies to someone in need after one of the many floods that devastated the area, he was always willing to provide that helping hand; and
Whereas, Roy Lilly was a loyal member of the Corinne Missionary Baptist Church. This church is located next to the one- lane bridge that is to be renamed. Roy would clean this church every week, and when the minister had taken ill would even take over the sermons for church service. Practically everyone in Corinne Bottom knew his name. He was indeed an icon; and
Whereas, Roy M. Lilly was buried in the Blue Ridge Memorial Gardens in Beckley, under a blanket of snow, overlooking a vast field with a forest inhabited by numerous deer. On the day of his funeral, one might have thought he was a mayor, a businessman or the first to accomplish something of great importance by the nearly 200 people in attendance that day paying their respects despite the poor weather. Instead, he was just the simple man he had always been; and
Whereas, The community will be forever changed because of this man. His simple but important ways of always helping out a friend or stranger in need will live on through the community. His love of fishing, hunting and gardening, and most of all, his old blue truck rattling down the worn gray roads of Corinne Bottom, past houses, the Corinne Baptist Missionary Church and across the old one-lane bridge will truly be remembered; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to designate and name the one-lane bridge on Route 12/7 entering Corinne Bottom, West Virginia, at milepost 0.03 the "Roy M. Lilly Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Roy M. Lilly Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and the family of Roy M. Lilly.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senator Jenkins:
Senate Bill No. 152--A Bill to amend and reenact §16-5D-17 of the Code of West Virginia, 1931, as amended, relating to clarifying that assisted living residences subject to oversight by the Adult Protective Services Agency, the state Long-Term Care Ombudsman, the State Fire Commission and the local board of health which do not accept Medicaid payments for residents are only subject to inspection, entry and enforcement by the office of Health Facility Licensure and Certification of the Department of Health and Human Resources after notification to the office of Health Facility Licensure and Certification of the Department of Health and Human Resources of a substantiated complaint by the Adult Protective Services Agency, the state Long-Term Care Ombudsman, the State Fire Commission or the local board of health.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Jenkins, Unger, Yoder and Foster:
Senate Bill No. 153-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2F-1, §5B-2F-2, §5B-2F-3, §5B-2F-4, §5B-2F-5 and §5B-2F-6, all relating to requiring a jobs impact statement for certain proposed legislation.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators McCabe, Unger and Foster:
Senate Bill No. 154--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i, relating to consumers sales and service tax; and creating exemptions for e-commerce vendors, computer hardware and software developers, internet service companies, electronic data processors, educational software, internet advertising and other e-commerce and high-technology companies.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 155-- A Bill to amend and reenact §62-11C-2 and §62-11C-4 of the Code of West Virginia, 1931, as amended, all relating to the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction; meetings; and funding.
Referred to the Committee on Finance.
By Senator Weeks:
Senate Bill No. 156-- A Bill to amend and reenact §5A-3-5 of the Code of West Virginia, 1931, as amended, relating to adding the expected life of product or commodity as factor in standard specifications for state purchasing contracts.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators McKenzie, Bowman and Jenkins:
Senate Bill No. 157-- A Bill to amend and reenact §8-13-15 of the Code of West Virginia, 1931, as amended, relating to allowing municipalities to use certain information provided by recipients of municipal services to collect debts owed to the municipality.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Minard and Love:
Senate Bill No. 158-- A Bill to amend and reenact §33-6-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-16B-1, §33-16B-2 and §33-16B-3 of said code, all relating to rate and form filing for group accident and sickness policies.
Referred to the Committee on Banking and Insurance.
By Senator Jenkins:
Senate Bill No. 159-- A Bill to amend and reenact §7-14-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-14-19 of said code, all relating to the political activities of deputy sheriffs and municipal police officers; amending the list of prohibited political activities by deputy sheriffs and municipal police officers; providing certain exceptions; prohibiting deputy sheriffs and municipal police officers from being candidates for or holding public office in the county or municipality where employed; prohibiting deputy sheriffs and municipal police officers from soliciting political contributions or donations from members or employees of the county or municipality; setting forth certain permissible activities; and providing penalties for appointed or elected officials who violate the provisions of this bill.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Plymale and Yoder:
Senate Bill No. 160--A Bill to amend and reenact §31-20-2 and §31-20-10 of the Code of West Virginia, 1931, as amended, all relating to defining "arresting agency"; and providing that the arresting agency shall pay the cost for the initial twenty-four hours of incarceration for each inmate it arrests who is incarcerated.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter, Kessler, Dempsey, Foster, Oliverio, Lanham, McCabe and Jenkins:
Senate Bill No. 161-- A Bill to amend and reenact §16-30-3 and §16-30-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-30C-2, §16-30C-3, §16-30C-6 and §16-30C-9 of said code, all relating to the West Virginia Health Care Decisions Act and the West Virginia Do Not Resuscitate Act; and providing circumstances when health care facilities and providers are not required to perform cardiopulmonary resuscitation.
Referred to the Committee on Health and Human Resources.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 162--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-15D-1, §33-15D-2, §33-15D-3, §33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9 and §33-15D-10, all relating to individual limited health benefits insurance plans; including preventive and primary care services; declaring legislative intent; requiring approval of plans by Insurance Commissioner; providing eligibility requirements for individuals; setting forth statutory or regulatory provisions that do not apply to such plans; providing underwriting standards; establishing criteria for filing and approval of premium rates; requiring certification of creditable coverage; authorizing Insurance Commissioner to promulgate emergency rules; mandating disclaimer on policies; exempting plans from premium taxes; providing for severability; and providing rule of construction.
Referred to the Committee on Health and Human Resources; then to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 163-- A Bill to amend and reenact §61-2-2 of the Code of West Virginia, 1931, as amended, relating to providing for mandatory review of life without parole sentence by the State Supreme Court of Appeals.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 164--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, §16-2J-2, §16-2J-3, §16-2J-4, §16-2J-5, §16- 2J-6, §16-2J-7, §16-2J-8 and §16-2J-9, all relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee; declaring legislative intent; authorizing approval of participants based on guidelines developed by the Health Care Authority and the Insurance Commissioner; requiring licensure by the Health Care Authority; authorizing the Insurance Commissioner to approve fees, marketing materials and forms and to certify financial soundness; exempting participating providers from insurance regulation; authorizing study of the program by the Health Care Authority; mandating a Health Care Authority report to the Legislative Oversight Commission on Health and Human Resources Accountability; setting grounds for revocation, suspension and failure to renew licenses; and creating penalties.
Referred to the Committee on Health and Human Resources; then to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators McCabe, Jenkins and Foster:
Senate Bill No. 165-- A Bill to amend and reenact §8-8-1, §8-8- 2, §8-8-3, §8-8-4, §8-8-5, §8-8-6, §8-8-7, §8-8-8, §8-8-9, §8-8-10, §8-8-11, §8-8-12, §8-8-13, §8-8-14, §8-8-15, §8-8-16, §8-8-17, §8- 8-18, §8-8-19, §8-8-20, §8-8-21, §8-8-22, §8-8-23, §8-8-24, §8-8- 25, §8-8-26, §8-8-27 and §8-8-28 of the Code of West Virginia, 1931, as amended, all relating to the authority of existing municipalities in West Virginia to consolidate; providing for the procedure which must be followed by municipalities in order to accomplish a consolidation; setting forth the rights and obligations of a municipality following a consolidation; and the effect of a consolidation upon the consolidating municipalities and the newly consolidated entity.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 166-- A Bill to amend and reenact §62-12-12, §62-12-13, §62-12-18, §62-12-19, §62-12-23 and §62-12-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §62-12-12a, all relating to the West Virginia Parole Board; providing for the appointment, powers and duties of the West Virginia Parole Board; providing for the appointment of the Chairperson of the West Virginia Parole Board by the Governor; providing for the consideration of parole and parole revocation by panels of the board; and providing for panels of the board to conduct parole interviews, consider parolees for discharge from parole and hold any other hearings authorized by the board.
Referred to the Committee on Government Organization.
By Senator Minard:
Senate Bill No. 167-- A Bill to amend and reenact §46A-4-101 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-4-102a, all relating to the authority of regulated consumer lenders to make loans; and requiring continuing education of individual regulated consumer lender loan originators.
Referred to the Committee on Banking and Insurance.
By Senators Kessler, Yoder, Hunter, Love and Dempsey:
Senate Bill No. 168-- A Bill to amend and reenact §33-20-5 of the Code of West Virginia, 1931, as amended, relating to insurance generally; and prohibiting the use of a credit score in casualty insurance rate filings.
Referred to the Committee on Banking and Insurance.
By Senators Bailey and Dempsey:
Senate Bill No. 169--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10 and §30-41-11, all relating to establishment of the Athletic Training Licensure Act of 2006; providing for licensure of athletic trainers; defining the practice of athletic training and athletic injury; establishing the Athletic Training Licensure Board; providing for operation of the board; providing fees and costs associated therewith; setting forth the powers and duties of the board; providing for educational and licensing requirements for practice as an athletic trainer; providing continuing education; providing enforcement powers and procedures; providing penalties; and providing exemptions, including provisions exempting licensed medical practitioners, student athletic trainers and state-certified athletic trainers practicing in secondary school settings.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 170--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4, §16-29G-5, §16-29G-6 and §16-29G-7, all relating to the establishment of the West Virginia Health Information Network.
Referred to the Committee on Health and Human Resources.
By Senators Oliverio and Hunter:
Senate Bill No. 171-- A Bill to amend and reenact §3-1A-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-3-8 of said code, all relating to election law generally; requiring rulemaking in certain circumstances; providing that counties using voting machines may count absentee ballots at the courthouse on election day; and prohibiting disclosure or posting of results prior to closing of the polls.
Referred to the Committee on the Judiciary.
By Senators Foster, Barnes, Lanham, McCabe, Plymale and Hunter:
Senate Bill No. 172- A Bill to amend and reenact §5-10D-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to recover the payment and a surcharge from a participating employer who fails to timely pay contributions due; and requiring any amounts recovered to be administered in the same manner as contributions are required to be administered.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, Barnes, Lanham, McCabe and Plymale:
Senate Bill No. 173- A Bill to amend and reenact §5-10-27 of the Code of West Virginia, 1931, as amended, relating to removing the ability of a member to choose a beneficiary who has an insurable interest to receive an annuity; and allowing a member or former member to choose to have the preretirement death benefit paid in a lump sum amount to any beneficiary or beneficiaries he or she chooses.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, Barnes, Lanham, McCabe and Plymale:
Senate Bill No. 174- A Bill to amend and reenact §15-2-31a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-2-52, all relating to the Death, Disability and Retirement Fund; clarifying benefit termination for and reapplication by disability retirants terminated for economic causes; and termination of retirement benefits for fraud.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, Barnes, Lanham, McCabe and Plymale:
Senate Bill No. 175- A Bill to repeal §5-10-43 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-10-26, §5-10-44 and §5-10-54 of said code, all relating to the Public Employees Retirement System; removing the requirement that a formerly disabled employee must return to his or her former job; permitting administrative hearings before disability retirement termination; clarifying procedures for reapplication by disability retirants whose benefits were terminated for economic causes; correcting errors; and terminating benefits for knowingly making false statements or permitting false records to be filed with the Consolidated Public Retirement Board in an attempt to defraud the system.
Referred to the Committee on Pensions; and then to the Committee on Finance.
Senators McCabe, Minear, Unger and Foster offered the following resolution:
Senate Concurrent Resolution No. 21-Requesting the Joint Committee on Government and Finance study the feasibility of repealing the current corporate license tax and replacing it with a fee to be administered by the Secretary of State.
Whereas, The current corporate license tax is archaic, confusing to businesses and difficult to administer; and
Whereas, Streamlining and updating the process to more accurately reflect the true purpose of the reporting requirement would be less burdensome to businesses and more efficient; and
Whereas, An annual reporting requirement with an annual fee could be administered by the Secretary of State to offset the fiscal impact of the tax being repealed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of repealing the current corporate license tax and replacing it with a fee to be administered by the Secretary of State; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators McCabe, Foster, Sprouse, Harrison, Tomblin (Mr. President), Hunter, Jenkins and Unger offered the following resolution:
Senate Resolution No. 3-Congratulating Denise Ohlsen Koster, RN, BSN, NCSN, on her selection as the 2005 West Virginia School Nurse of the Year.
Whereas, Denise Ohlsen Koster began her school nursing career in rural Maine, serving 11 schools in a district that had no comprehensive school health program. Through her initiative, she helped develop policies and procedures that brought good school health programs and qualified school nurses into those programs; and
Whereas, During her six years as a school nurse in West Virginia, Denise Ohlsen Koster has used her experience and skills to improve the quality of school health services in Kanawha County; and
Whereas, Denise Ohlsen Koster is involved in such programs as the Adolescent Pregnancy Prevention Initiative, Teens Against Tobacco Use and the Alternatives to Suspension Program; and
Whereas, Denise Ohlsen Koster serves as chairperson of her local School Nurse Professional Standards Committee. She is an active member of the West Virginia Association of School Nurses and serves as chairperson of the WVASN Grants, Awards and Research Committee; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Denise Ohlsen Koster, RN, BSN, NCSN, on her selection as the 2005 West Virginia School Nurse of the Year; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Denise Ohlsen Koster.
At the request of Senator McCabe, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Hunter, Dempsey , Bailey, Boley, Fanning, Minard, Oliverio, Weeks , Yoder, Tomblin (Mr. President ), Barnes, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minear, Plymale, Prezioso, Sharpe, Sprouse, Unger and White offered the following resolution:
Senate Resolution No. 4- Designating January 16, 2006, as "Veterans Visibility Day".
Whereas, From the Revolutionary War, which gave America its identity as a free and democratic nation, to this moment, America's men and women have always risen to the call of duty in order to defend and preserve our freedom and help maintain freedom throughout the world; and
Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more have been wounded in battle; and
Whereas, The Senate is proud to honor those currently serving in harm's way in Iraq, Afghanistan and in other countries all over the world to protect democracy from the threat of terror; and
Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives not only for our freedom, but for freedom around the world; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 16, 2006, as "Veterans Visibility Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Division of Veterans' Affairs.
At the request of Senator Hunter, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Fanning, and by unanimous consent, the remarks by Senator Hunter regarding the adoption of Senate Resolution No. 4 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for five minutes.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Weeks, unanimous consent being granted, returned to the second order of business and the introduction of guests.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 20, Urging United States Congress increase federal minimum wage.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Labor; and then to the Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Harrison.
Thereafter, at the request of Senator Weeks, and by unanimous consent, the remarks by Senator Harrison were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 17, 2006, at 11 a.m.
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