__________*__________
Tuesday, June 24, 2008

FIRST DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



 Pursuant to the Proclamation of His Excellency, the Governor, issued on the twenty-fourth day of June, 2008, and hereinafter set forth, convening the Legislature in Extraordinary Session on the twenty-fourth day of June, 2008, the House of Delegates assembled in its Chamber in the Capitol Building in the City of Charleston, and at 5:00 p.m., was called to order by the Speaker, the Honorable Richard Thompson.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll being called (Roll No. 571), and 92 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

By the Governor

 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 five o'clock p.m. on the twenty-fourth day of June, two thousand eight, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following matters:
FIRST: Certain supplementary appropriation bills.
SECOND: Certain ceremonial and memorial resolutions.
THIRD: Legislation relating to the voluntary transfer of assets from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System.
FOURTH: Legislation relating to the transfer and receipt of scrap metal; amending the definition of scrap metal to include catalytic converters; providing recording and reporting requirements and exceptions thereto; and providing criminal penalties.
FIFTH: Legislation relating to competency testing for school service personnel; and establishing the testing schedule for school bus operators.
SIXTH: Legislation relating to greyhound racing generally and the West Virginia Greyhound Breeding Development Fund.
SEVENTH: Legislation relating to incremental salary increases for certain state employees based on years of service.
Legislation relating to the terms of office for members of library boards of directors.
NINTH: Legislation authorizing certain eligible state employees to elect to be paid for unused, accumulated sick leave days in excess of fifty days once per year; and creating the State Employee Sick Leave Fund.
TENTH: Legislation requiring county boards of education to give employment preference in filling summer school program positions to professional educators who are regularly employed on a full-time basis.
ELEVENTH: Legislation providing that, for the annual period encompassing calendar year two thousand nine, the average wholesale price of motor fuel shall not exceed the average wholesale price of motor fuel for the immediately preceding calendar year as determined by the Tax Commissioner and filed with the Secretary of State on November 21, 2007, and published in the state register on November 30, 2007; creating the Motor Fuel Excise Tax Shortfall Reserve Fund; providing for the transfer of moneys from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund; and requiring the Commissioner of Highways to submit monthly reports to the Joint Committee on Government and Finance.
TWELFTH: Legislation relating generally to the regulation and control of elections; providing legislative findings regarding the regulation of nonbroadcast media; defining certain terms; clarifying that certain statutory prohibitions and criminal provisions relating to corporate election communications apply only to express advocacy; and clarifying offenses and penalties.
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 twenty-fourth day of June, in the year of our Lord, Two Thousand Eight, and in the One Hundred Forty-Sixth year of the State.
Joe Manchin III,
Governor.

BY THE GOVERNOR
Betty Ireland,
Secretary of State.
On motion of Delegate DeLong, 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 Yost, Browning and Carmichael.
On motion of Delegate DeLong, 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 Hrutkay, Tucker and Rowan.
Delegate Yost, 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 Hrutkay, from the Committee to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session, announced the performance of that duty.
Messages from the Executive

Executive Message No. 1
(Insert)

Messages from the Senate

A message from the Senate, by
Senators Foster, Jenkins and Hall, 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.
Resolutions

Delegate M. Poling offered the following resolution, which was read by the Clerk as follows:
H. C. R. 201 - "Requesting that a portion of United State Route 250 from the Barbour/Randolph County line to the intersection of United States Route 250 and West Virginia State Route 92 in Belington, be named 'The Sgt. R. J. Jimenez Highway'."
Whereas, Sgt. Romulo J. (R. J.) Jimenez II, the son of Romulo and Alesia Harris Jimenez, was born on June 28, 1983 in Elkins, Randolph County, West Virginia; and
Whereas, He was raised in Barbour County, West Virginia and attended Philip Barbour High School; and
Whereas, He joined the United States Marine Corps in 2001 to help protect our Country, State and County in the Global War on Terrorism; and
Whereas, While serving his second tour in Iraq, he was killed in action on November 10, 2004 by enemy fire in Fallujah, Iraq; and
Whereas, The untimely and premature death of Sgt. Jimenez has been a tremendous loss to his family, the community of Belington, the county of Barbour, the state of West Virginia and the United States Marine Corps; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the portion of United States Route 250, beginning at the Barbour/Randolph County line and ending at the intersection of United States Route 250 and West Virginia State Route 92 in Belington, the "The Sgt. R. J. Jimenez Highway"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of said roadway, containing bold and prominent letters proclaiming the roadway to be "The Sgt. R. J. Jimenez Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, the Clerk of the Barbour County Commission and R. J.'s parents, Romulo and Alesia.
At the respect requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 201) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Bills Introduced

And

Action Thereon

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 201- "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand nine, to the Department of Military Affairs and Public Safety - West Virginia State Police, fund 8741, fiscal year 2009, organization 0612, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand nine."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 201) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 202 - "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 Division of Finance, fund 2208, fiscal year 2008, organization 0209, to the West Virginia Development Office, fund 3170, fiscal year 2008, organization 0307, and to the Division of Health - Central Office, fund 5219, fiscal year 2008, organization 0506, by supplementing and amending chapter twelve, Acts of the Legislature, regular session, two thousand seven, known as the budget bill."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 202) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 203 - "A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Bureau of Senior Citizens - Lottery Senior Citizens Fund, fund 5405, fiscal year 2008, organization 0508, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 203) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 204 - "A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Lottery Commission - Excess Lottery Revenue Fund Surplus, fund 7208, fiscal year 2009, organization 0705, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand nine."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 204) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 205 - "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 Fund, General Revenue, to the Governor's Office, fund 0101, fiscal year 2009, organization 0100, to the Department of Administration - West Virginia Retiree Health Benefit Trust Fund, fund 0611, fiscal year 2009, organization 0232, to the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2009, organization 0201, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2009, organization 0307, and to the Department of Education - State Department of Education, fund 0313, fiscal year 2009, organization 0402, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand nine."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 205) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 206 - "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 Fund, General Revenue, to the Secretary of State, fund 0155, fiscal year 2008, organization 1600, to the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2008, organization 0201, to the Department of Administration - Consolidated Public Retirement Board, fund 0195, fiscal year 2008, organization 0205, to the Department of Administration - West Virginia Retiree Health Benefit Trust Fund, fund 0611, fiscal year 2008, organization 0232, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2008, organization 0307, to the Department of Commerce - Division of Natural Resources, fund 0265, fiscal year 2008, organization 0310, to the Department of Education - State Department of Education, fund 0313, fiscal year 2008, organization 0402, to the Department of Education and the Arts - Educational Broadcasting Authority, fund 0300, fiscal year 2008, organization 0439, to the Department of Environmental Protection - Division of Environmental Protection, fund 0273, fiscal year 2008, organization 0313, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2008, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2008, organization 0511, to the Department of Revenue - Tax Division, fund 0470, fiscal year 2008, organization 0702, and to the Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2008, organization 0441, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight.
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 206) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance."
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 207 - "A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Department of Education and the Arts - Office of the Secretary - Control Account - Lottery Education Fund, fund 3508, fiscal year 2009, organization 0431, to the Division of Culture and History - Lottery Education Fund, fund 3534, fiscal year 2009, organization 0432, and to the Library Commission - Lottery Education Fund, fund 3559, fiscal year 2009, organization 0433, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand nine.
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 207) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance."
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 208 - "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 eight, to the Department of Revenue, Office of the Secretary - State Debt Reduction Fund, fund 7007, fiscal year 2008, organization 0701, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight.
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 208) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance."
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 209 - "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 nine, to the Department of Revenue, Office of the Secretary - State Debt Reduction Fund, fund 7007, fiscal year 2009, organization 0701, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand nine."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 209) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 210 - "A Bill to amend and reenact §18-7D-2, §18-7D-5, §18-7D-6, §18-7D-7 and §18- 7D-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7D-12, all relating to the State Teachers Retirement System and the Teachers' Defined Contribution System generally; relating to the voluntary transfer of assets from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System; computing teachers' service; establishing requirements and processes for members to affirmatively elect to transfer; setting forth dates and time periods for members to affirmatively elect to transfer; setting forth dates and time periods for the transfer of certain members; providing for service credit in the State Teachers Retirement System; addressing qualified domestic relations orders; and clarifying a transferring member's eligibility to retire following transfer."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 210) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 211 - "A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating generally to records and reports of scrap metal purchasers; amending the definition of scrap metal to include catalytic converters; exempting certain purchasers of vehicles and replacement catalytic converters for vehicles from the reporting requirements of this section; and providing for criminal penalties."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 211) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 212 - "A Bill to amend and reenact §18A-4-8e of the Code of West Virginia, 1931, as amended, relating to competency testing for service personnel; and establishing the testing schedule for school bus operators."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 212) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Education.
By Mr. Speaker, Mr. Thompson
[By Request of the Executive]:
H. B. 213 - "A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to greyhound racing generally; limiting participation in the West Virginia Greyhound Breeding Development Fund to accredited West Virginia whelped greyhounds wholly or solely owned by bona fide residents of West Virginia; relating to greyhound training tracks constructed with monies from the West Virginia Greyhound Breeding Development Fund; providing for allocation and distribution of not more than two million dollars from the balance of the purse supplemental fund for the construction and maintenance of two greyhound training tracks and facilities subject to the approval of the Racing Commission; prohibiting the Racing Commission from requiring association membership as a prerequisite to participation in the West Virginia Greyhound Breeding Development Fund; requiring up to three races featuring accredited West Virginia whelped greyhounds per race card; requiring the Greyhound Owners and Breeders Association to submit additions or deletions to the accredited West Virginia whelped greyhounds registry; and requiring the Racing Commission to promulgate rules providing a process for competitive bidding of the construction and/or maintenance of the training tracks and setting standards to assure that only the actual costs of construction and maintenance shall be paid out of the foregoing fund."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 213) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 214 - "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to annual incremental salary increases to certain state employees based on years of service."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 214) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 215 - "A Bill to amend and reenact §10-1-5 of the Code of West Virginia, 1931, as amended, relating to term of office for members of library boards of directors."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 215) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Government Organization.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 216 - "A Bill to amend and reenact §5-5-6 of the Code of West Virginia, 1931, as amended, relating to payments to certain state employees for unused sick days; clarifying the formula for 'daily rate of pay'; creating the State Employee Sick Leave Fund; and requiring the Secretary of the Department of Administration to promulgate rules related to reimbursement for payments made to employees whose salaries are funded in whole or in part by a source other than the General Revenue Fund."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 216) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 217 - "A Bill to amend and reenact §18A-4-7c of the Code of West Virginia, 1931, as amended, relating to requiring county boards filling summer school program positions to give employment preference to professional educators who are regularly employed on a full-time basis."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 217) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Education.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 218 - "A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-14C-48, all relating to the average wholesale price of motor fuel for the two thousand nine calendar year; creating the Motor Fuel Excise Tax Shortfall Reserve Fund; providing for appropriation of moneys; providing for the transfer of moneys from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund; providing a method for determining transfer amounts; providing for the termination of the fund on the thirtieth day of June, two thousand ten; providing definitions; and requiring the Commissioner of Highways to submit monthly reports to the Joint Committee on Government and Finance."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 218) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 219 - "A Bill to amend and reenact §3-8-1, §3-8-1a, §3-8-4, §3-8-5 and §3-8-8 of the Code of West Virginia 1931, as amended; and to amend and reenact §3-9-14 of said code, all relating to the regulation and control of elections, generally; legislative findings related to the particular circumstances of West Virginia which warrant regulation of nonbroadcast media; defining terms; clarifying that statutory prohibitions and criminal provisions relating to corporate election communications apply only to express advocacy; and clarifying offenses and penalties."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 219) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.
Motions

The Speaker recognized Delegate J. Miller, who asked and obtained unanimous consent that the House of Delegates return to the Seventh Order of Business for the purpose of offering and consideration of Motions.
Delegate J. Miller then moved that the House of Delegates direct the Joint Standing Committee on the Judiciary to launch an investigation into the recent widely publicized activities which have transpired at West Virginia University.
The Speaker put the question on the foregoing motion and the same did not prevail.
At the request of Delegate Blair, and by unanimous consent, the remarks offered by Delegate J. Miller relative to his motion to direct the Joint Committee on the Judiciary to launch an investigation, were ordered printed in the Appendix to the Journal.
At 5:35 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, June 25, 2008.