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Saturday, September 10, 2005



     The House of Delegates met at 8:30 a.m., and was called to order by the Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, September 9, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 401, Naming the bridge on Cleveland Avenue in Buckhannon, West Virginia, the "William S. O' Brien Memorial Bridge",
     H. C. R. 402, Naming 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",
     H. C. R. 403, Requesting the Division of Highways to name the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle Bridge",
     H. C. R. 404, Naming 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",
     H. C. R. 405, 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",
     H. C. R. 406, Requesting the Division of Highways to name the bridge at McCauley in Hardy County, West Virginia, the "John and Freda Rudy Memorial Bridge",
     H. C. R. 407, Requesting the West Virginia Division of Highways to name the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson Memorial Bridge",
     H. C. R. 408, Honoring the late Leonard R. Valentine by declaring the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach Val' Memorial Bridge",
     H. C. R. 409, Requesting the West Virginia Division of Highways to name the bridge on I-64 at the intersection of Rt. 219 in Lewisburg, Greenbrier County, West Virginia the "Gary Wayne Martini Memorial Bridge",
     H. C. R. 410, Requesting the Division of Highways name the bridge located on Jakes Run Road off Frame Road in Elkview, West Virginia, the "Private James C. Summers Memorial Bridge",
     H. C. R. 411, Requesting the Division of Highways name Bridge 4827 the "Sergeant George F. Eubanks Memorial Bridge",
     H. C. R. 412, Requesting the Division of Highways to name the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia at the end of Posey Saxon Road, the "Sergeant Billy Ray Holmes Memorial Bridge",
     H. C. R. 413, Requesting the West Virginia Division of Highways to name State Route 25 from Glen Jean to Thurmond in Fayette County the "Jon Dragan Road",
     And,
     H. C. R. 414, Requesting the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the "Brock's Bridge",
     And reports the same back with the recommendation that they each be adopted.
     Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 402, Requiring the disclosure of electioneering communications and prohibiting corporate disbursements for electioneering communications,
     And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
     Com. Sub. for H. B. 402 - "A Bill to repeal §3-8-5c of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §3-8-1a and §3-8- 2b; and to amend and reenact §3-8-2, §3-8-4, §3-8-5a, §3-8-7, §3-8-8 and §3-8-12 of said code, all relating to regulating elections; defining terms; requiring the persons who engage in electioneering communications to file disclosures with the Secretary of State; contents of statement and filing requirements; penalties for filing delinquent or incomplete financial statements; prohibiting political organizations expressly advocating nomination, election or defeat of candidate or engaging in electioneering communications from accepting corporate contributions in excess of one thousand dollars during primary or general election campaign periods; and making it unlawful to create more than one political organization with the intent to avoid or evade contribution limitations,"
     With the recommendation that the committee substitute do pass.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 407) was taken up for immediate consideration, read a first time and then ordered to second reading.
     Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 407, Providing that department secretaries may transfer employees between departments in certain instances,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 407) was taken up for immediate consideration, read a first time and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
     Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 401, Reducing the six percent sales tax on food and food ingredients intended for human consumption to five percent beginning January 1, 2006,
     And reports the same back without recommendation as to its passage but with the recommendation that it be recommitted to the Committee on Finance.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 401) was taken up for immediate consideration, read a first time and then recommitted to the Committee on Finance.
     Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 409, Relating to salaries for teachers and school service personnel,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 409 - "A Bill to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to salaries for teachers and school service personnel; adopting state minimum salary schedules for teachers; providing for incremental salary increases for teachers; and providing minimum pay grade scales for school service personnel,"
     H. B. 414, Supplementing and amending chapter sixteen, Acts of Legislature, regular session, two thousand five, as amended known as the budget bill, providing for salary increases for public employees,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 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,"
     And,
     H. B. 415, Supplementing, amending, reducing and increasing items of the existing appropriation from the Department of Agriculture, agricultural fees fund,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 415 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriation from the department of agriculture, agriculture fees fund, fund 1401, fiscal year 2006, organization 1400, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six,"
    With the recommendation that the committee substitutes each do pass.
     At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 409, Com. Sub. for 414 and Com. Sub. for 415) were each taken up for immediate consideration, read a first time and then ordered to second reading.
     Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 408, Relating to the accountability of persons receiving state funds or grants,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 408 - "A Bill to amend and reenact §12-4-14 of the Code of West Virginia, 1931, as amended, relating to accountability of persons receiving state funds or grants; requiring reports or sworn statements for certain state funds or grants; giving Secretary of the Department of Administration rule-making authority; providing for the barring of persons from receiving state grants or funds; providing for the submission of information on sworn statements or reports to the Legislative Auditor; authorizing the Legislative Auditor to perform audits in certain circumstances; requiring the Legislative Auditor to inform the State Treasurer if certain reports or sworn statements are not submitted within a certain period; and providing criminal penalties for filing a fraudulent sworn statement of expenditures, a fraudulent sworn statement or a fraudulent report,"
     H. B. 411, Relating to amending certain provisions of the code involving horse and dog racing and distribution of certain proceeds,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 411 - "A Bill to amend and reenact §19-23-9, §19-23-12b, §19-23-12c, §19-23-13b and §19-23-13c of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-10b of said code, all relating to amending certain provisions of the code involving horse and dog racing and distribution of certain proceeds; providing a special fund, to be established by the Racing Commission, to be used for the payment of breeders awards, restrictive races and stakes purses; deleting obsolete provisions; providing the Racing Commission deposit funds required to be withheld from an association or licensee, for purposes of retirement withholdings for employees of racing associations or licensees, into the 'West Virginia Thoroughbred Fund'; deleting the stated objective for the fund to aid in the rejuvenation and development of horse tracks in the state for capital improvements, etc.; providing that the Commission establish funds and accounts for each association and licensee rather than holding funds in deposit in one fund; deleting current provisions concerning the distribution of balances remaining in breeders/raisers, sire owners and purse supplement funds; clarifying the meaning of the phrase 'sufficient horses' for purposes of pari- mutuel thoroughbred horse tracks' provision of restricted races; providing that the 'twenty percent larger' requirement for purses in restricted races is only applicable to thoroughbred racetracks that have participated in the West Virginia Thoroughbred Development Fund for more than four consecutive years; providing the Racing Commission may transfer funds back to the general purse fund if less than seventy-five percent of the restricted races fail to receive enough entries to race; deleting the provision that prohibits associations and licensees who qualify for alternate tax provisions contained in subsection (b), section ten, article twenty-three, chapter nineteen from eligibility for treatment under the provisions of section thirteen-b, article twenty-three, chapter nineteen; providing that on January first, two thousand six, licensed racing associations must have a West Virginia Thoroughbred Racing Breeders Program; providing under provisions relating to the expenditure of racetrack video lottery funds, that the next two hundred thousand dollars deposited into the West Virginia Racing Commission Racetrack Video Lottery Account shall be used for promotional activities and purses for open stake races for the West Virginia Derby which is held at a racetrack that did not participate in the West Virginia Breeders Classic - rather than the current statutory language which designates nonparticipation in the West Virginia Thoroughbred Development Fund; substituting the breeders classic for the Thoroughbred Development Fund; deleting provisions relating to a racetrack which does not have a breeder's program, supported by the Thoroughbred Development Fund or Greyhound Breeding Development Fund, that requires the one and one-half percent of terminal net income designated for the West Virginia Thoroughbred Development Fund to be diverted to the special Fund established by the licensee and used for payment of regular purses; making technical corrections and providing for reversion of racetrack video lottery excess net terminal income diverted from the racetrack purse funds to workers' compensation debt reduction fund 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 fund from the workers' compensation debt reduction fund and for such diversions to cease altogether once certain conditions are satisfied; and providing that in certain circumstances the restrictive races may be funded up to one million five hundred thousand dollars from the general purse fund,"
     H. B. 412, Relating generally to Workers' Compensation,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 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,"
     And,
     H. B. 413, Providing for a Senior Executive Service Salary Schedule and providing a salary adjustment for State Troopers,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 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,"
     With the recommendation that the committee substitutes each do pass.
     At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 408, Com. Sub. for H. B. 411, Com. Sub. for H. B. 412 and Com. Sub. for H. B. 413) were each taken up for immediate consideration, read a first time and then ordered to second reading.
     Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 416, Making a supplementary appropriation to the Department of Agriculture,
     And,
     H. B. 419, Supplementing, amending, reducing and increasing items of the existing appropriations from the state fund, to the Department of Health and Human Services-Division of Human Services, and higher education, higher education policy commission,
     And reports the same back with the recommendation that they each do pass.
     At the respective requests of Delegate Staton, and by unanimous consent, the bills(Com. Sub. for H. B. 416 and Com. Sub. for H. B. 419) were each taken up for immediate consideration, read a first time and then ordered to second reading.
     Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B.410, Relating to the proposed merger of the Teachers' Defined Contribution Retirement System with the State Teachers Retirement System,
     And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In the absence of objection, the provisions of House Rule 77 and Joint Rule 29, relating to matters to be referred to the Committee on Pensions and Retirement, were dispensed with as to the foregoing bill.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 410) was then taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, ordered to the Committee on Finance.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of
     S. B. 4002 - "A Bill to amend and reenact §11-8-16 of the Code of West Virginia, 1931, as amended, relating to levy elections; allowing levy elections in conjunction with primary elections; and conforming the statute to meet constitutional requirements."
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
     S. B. 4010 - "A Bill to amend and reenact §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18- 7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12 and §18-7C-13 of the Code of West Virginia, 1931, as amended, all relating to the proposed merger of the Teachers Defined Contribution Retirement System with the State Teachers Retirement System; amending certain definitions; clarifying credit receipt and asset calculations for transfer; establishing date on which money must be in a member's account to be eligible to vote in the merger election; requiring payment of contribution for full service credit; adding the board's ability to do all things necessary to maintain the current retirement system during any transition period; clarifying that the member may select either periodic payments or lump sum distribution of the member's total vested account at the date of merger if certain conditions are met; and technical corrections."
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 4010) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
     S. B. 4014 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Excess Lottery Revenue Fund, to the Lottery Commission - Excess Lottery Revenue Fund Surplus, fund 7208, fiscal year 2006, organization 0705, by 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, the bill (S. B. 4014) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
     S. B. 4015 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriation from the Department of Agriculture, Agriculture Fees Fund, fund 1401, fiscal year 2006, organization 1400, by supplementing and amending the appropriations 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 (S. B. 4015) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
     S. B. 4016 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to a new item of appropriation designated to the Department of Agriculture - West Virginia Agricultural Land Protection Authority, fund 0607, fiscal year 2006, organization 1400, by 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 (S. B. 4016) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
     S. B. 4017 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the State Fund, General Revenue, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2006, organization 0511 and Higher Education - Higher Education Policy Commission - System - Control Account, fund 0586, fiscal year 2006, organization 0442, by supplementing and amending the appropriations 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 (S. B. 4017) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Petitions

     Delegate Sumner presented petitions from fifty-three residents of the 27th District, in support of salary increases for teachers, public and county employees and employees of institutions of higher education and for the elimination of the food tax; which was referred to the Committee on Finance.
Bills Introduced

     On motions for leave, a bill was introduced, read by its title, and referred as follows:
By Delegates Staton, Beane, Browning, Caputo, Manchin, Howard, Barker, G. White, Tabb, Wysong and Long:

     H. B. 421
- "A Bill to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, all relating to providing a salary increase for elected county officials; and finding that additional duties have been imposed on county officials which justify the increased compensation;" to the Committee on Finance.
House Calendar

Third Reading

     
H. B. 405, Changing West Virginia's Unemployment Compensation law to conform it to federally mandated legislation; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 813), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
     Absent And Not Voting: Ferrell, Iaquinta, Manchin and Trump.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 405) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     
H. B. 404, Allowing excess levy elections at primary elections and removing language which conflicts with article X, section 11 of the West Virginia Constitution; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
Leaves of Absence

     At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Iaquinta, Manchin and Trump.
     At 9:01 a.m., the House of Delegates adjourned until 7:30 p.m., Sunday, September 11, 2005.