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Monday, May 16, 2005
Pursuant to the Proclamation of His Excellency, the Governor, issued the sixteenth day of
May, 2005, and hereinafter set forth, convening the Legislature in Extraordinary Session on the
sixteenth day of May, 2005, the House of Delegates assembled in its Chamber in the Capitol
Building in the City of Charleston, and at 4:00 p.m., was called to order by the Speaker, the
Honorable Robert S. Kiss.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll being called, (Roll No. 769), and 80 members having answered to their names, the
Speaker declared the presence of a quorum.
Messages from the Executive
The Speaker laid before the House of Delegates the Proclamation of His Excellency, the
Governor, convening the Legislature in extraordinary session, which was read by the Clerk, as
follows:
State of West Virginia
Executive Department
Charleston
A P R O C L A M A T I O N
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the
authority vested in me by Section 7, Article VII of the Constitution of West Virginia, do hereby call
the Legislature of West Virginia to convene in Extraordinary Session at four o'clock p.m. on the
sixteenth day of May, Two Thousand Five, in its chambers in the State Capitol, City of Charleston,
for the sole purpose of considering and acting upon the following matters:
FIRST: A concurrent resolution opposing the proposed closing and realignment of national
guard and/or reserve facilities in the State of West Virginia.
SECOND: Legislation to provide for the temporary subsidization of incremental adjustments
in the aggregate cost-sharing percentages of employees' public employees insurance agency
premiums.
THIRD: Legislation to amend and reenact W.Va. Code § 6-7-2, as contained in Enrolled
Committee Substitute for Senate Bill No. 514, Chapter 203, Acts of the Legislature, Regular Session
2005, relating to the salaries of Governor, Attorney General, State Treasurer, State Auditor,
Commissioner of Agriculture and the Secretary of State.
FOURTH: A concurrent resolution to authorize the issuance of up to $375 million of
refunding bonds to pay off the principal of and interest on certain issued and outstanding safe road
bonds issued pursuant to the Safe Roads Amendment of 1996.
FIFTH: Legislation to repeal W. Va. Code § 20-11-5a, relating to a recycling assessment fee
upon the disposal of solid waste.
SIXTH: Legislation to eliminate the Employee and Insurance Services Division of the Department of Administration and reassign duties currently assigned to the Commissioner of the
Employee and Insurance Services Division.
SEVENTH: Legislation to amend the provisions of the West Virginia Code relating to the
Judicial Retirement System.
EIGHTH: Legislation relating to municipal taxes and municipal pension and relief fund
plans for policemen and firemen, authorizing a qualifying municipality to establish a defined
contribution plan for policemen and firemen hired on or after a future date, and authorizing a
qualifying municipality to issue revenue bonds for the purpose of eliminating the unfunded actuarial
accrued liability of an existing pension and relief fund plan for policemen and firemen.
NINTH: A supplemental appropriation bill to the litter control fund, fund 3486, fiscal year
2006, organization 0313, of the Department of Environmental Protection account.
TENTH: A supplemental appropriation bill to fund 6394, fiscal year 2005, organization
0612, of the Department of Military Affairs and Public Safety account.
ELEVENTH: A supplemental appropriation bill to fund 0104, fiscal year 2006, organization
0100, of the Governor's Office account.
TWELFTH: A supplemental appropriation bill amending and reducing existing
appropriations with regard to fund 0186, fiscal year 2006, organization 0201, of the Department of
Administration; and funding fund 0595, fiscal year 2006, organization 0703, of the Department of
Revenue.
THIRTEENTH: Legislation to authorize and appropriate the expenditure of public moneys
to pay the expenses of this Extraordinary Session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State
of West Virginia, this the sixteenth day of May, in the
year of our Lord, Two Thousand Five, and in the One
Hundred Forty-Second year of the State.
Joe Manchin,
Governor
By the Governor:
Betty Ireland,
Secretary of State.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had assembled in extraordinary session and was
ready to enter upon the business stated in the Proclamation by which it had been called together.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Cann, Palumbo and Armstead.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three,
to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor,
that the Legislature had assembled in extraordinary session and was ready to enter upon the business
stated in the Proclamation.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Pino, Mahan and Frich.
Delegate Cann, from the Committee to notify the Senate that the House of Delegates had
assembled in extraordinary session and was ready to proceed to the business of the session,
announced that the committee had discharged its duty.
Delegate Pino, from the Committee to inform His Excellency, the Governor, that the
Legislature had assembled in extraordinary session pursuant to his Proclamation, also announced the
performance of that duty.
Messages from the Senate
A message from the Senate, by
Senators Jenkins, Oliverio and Facemyer, announced that the Senate had convened in
extraordinary session, pursuant to the Proclamation of the Governor, with a quorum present, and was
ready to enter upon the business for which the Legislature had been called together.
Bills Introduced
The House of Delegates proceeded to the introduction and consideration of bills under the
Call, which were as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 301 - "A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as
amended; all relating generally to the subsidization of any incremental adjustment in the active State
pool employees' portion of the aggregate cost-sharing percentages of premium between employers
and employees between the first day of July two thousand five until the thirty-first day of December,
two thousand five".
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 301) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 302 - "A Bill to amend and reenact §6-7-2 of the Code of West Virginia, 1931, as
contained in chapter 203, Acts of the Legislature, regular session, 2005, as amended; all relating
generally to the salaries of the Governor, Attorney General, State Treasurer, State Auditor,
Commissioner of Agriculture and Secretary of State; and effective dates."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 302) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 303 -- "A Bill to repeal §20-11-5a of the Code of West Virginia, 1931, as amended,
relating to a recycling assessment fee upon the disposal of solid waste."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 303) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 304 - "A bill supplementing and amending items of the existing appropriations from the state fund general revenue, to a new item of appropriation designated to the Governor's Office.
fund 0104, fiscal year 2006, organization 0100k, supplementing and amending chapter sixteen, Acts
of the Legislature, for the fiscal year ending the thirtieth day of June, two thousand six."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 304) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 305 - "A Bill supplementing, amending, reducing and increasing items of the existing
appropriations from the state fund, general revenue, to the Department of Administration - Office
of the Secretary, fund 0186, fiscal year 2006, organization 0201, and, to the Department of Revenue -
State Budget Office, fund 0595, fiscal year 2006, organization 0703, all supplementing and
amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand six."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 305) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 306 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand six to a
new item of appropriation designated to the Department of Environmental Protection - Litter Control
Fund, fund 3486, fiscal year 2006, organization 0313, supplementing and amending chapter sixteen Acts of the Legislature, regular session, two thousand five, known as the budget bill."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 306) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 307 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to
the Department of Military Affairs and Public Safety - West Virginia State Police, fund 6394, fiscal
year 2005, organization 0612, by supplementing and amending the appropriation for the fiscal year
ending the thirtieth day of June, two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 307) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 308 - "A Bill to repeal §5A-10-1, §5A-10-2 and §5A-10-3 of the Code of West
Virginia, 1931, as amended; to amend and reenact §5-10D-1 and §5-10D-2 of said code; to amend
and reenact §5-16-3 and §5-16-4 of said code; to amend and reenact §5A-1-2 of said code; and to
amend and reenact §29-6-5 and §29-6-6 of said code, all relating generally to the elimination of the
Employee and Insurance Services Division of the Department of Administration and reassigning
certain duties; providing that the Secretary of the Department of Administration serves as a member of the Consolidated Public Retirement Board; providing that the Governor shall appoint the Director
of the Public Employees Insurance Agency; providing that the Secretary of the Department of
Administration serves as a member and as the chair of the Public Employees Insurance Agency
Finance Board; providing that the Division of Personnel is continued within the Department of
Administration; and providing that the Secretary of the Department of Administration serves as an
ex officio member and chair of the State Personnel Board."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 308) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 309 - "A Bill to amend and reenact §8-13C-1 and §8-13C-9 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8-
13C-14, all relating to the use of proceeds from a pension relief municipal occupational tax, a
pension relief municipal sales and service tax and a pension relief municipal use tax; the loss of
authority to impose those taxes; authorizing a qualifying municipality, subject to meeting certain
requirements, to close their existing pension and relief fund plan for policemen and firemen to those
hired after a future date; authorizing a qualifying municipality, subject to meeting certain
requirements, to establish a defined contribution plan for policemen and firemen hired on and after
the future date; and authorizing policy and authorizing a qualifying municipality, subject to meeting
certain requirements, to issue revenue bonds for the purpose of eliminating the unfunded actuarial
accrued liability of the existing pension and relief fund plan for policemen and firemen and to issue refunding bonds issued to refund, in whole or in part, bonds issued for that purpose"; to the
Committee on Pensions and Retirement.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 309)
was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Pensions and Retirement.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 310 - "A Bill to amend and reenact §51-9-1a, §51-9-4, §51-9-6, §51-9-6a, §51-9-6b
and §51-9-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §51-9-6d, all relating generally to the judicial retirement system;
increasing the contribution rate for certain judges from the first day of July, two thousand five until
the thirtieth day of June, two thousand ten; providing that judges appointed or elected for the first
time as judge of a court of record after the first day of July, two thousand five, must have served
fourteen years as a sitting judge to receive annual retirement benefits; changing the annual benefit
calculations and retirement qualifications for all judges appointed or elected for the first time as
judge of a court of record after the first day of July, two thousand five; changing the annual benefit
calculations for the spouses and children of all judges appointed or elected for the first time as judge
of a court of record after the first day of July, two thousand five; eliminating the ability of judges
appointed or elected for the first time as judge of a court of record after the first day of July, two
thousand five, to use prosecutorial service as qualifying service; providing that retired judges may
hold a public office or trust for compensation from the State of West Virginia; and providing that
retired judges are ineligible to participate in any other pension plan maintained by the State of West
Virginia."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 310)
was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Pensions and Retirement.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell, Fragale, Howard, Kominar, Morgan, Perdue, Proudfoot, Schadler,
Rick Thompson and Wakim.
At 5:03 p.m., the House of Delegates adjourned until 5:00 p.m., Tuesday, May 17, 2005.