hdj2008-03-16-01

__________*__________

Sunday, March 16, 2008
FIRST DAY
[Mr. Speaker, Mr. Thompson, in the Chair]

Pursuant to the Proclamation of His Excellency, the Governor, issued on the fifteenth day of March, 2008, and hereinafter set forth, convening the Legislature in Extraordinary Session on the sixteenth day of March, 2008, the House of Delegates assembled in its Chamber in the Capitol Building in the City of Charleston, and at 4:45 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. 541), and 95 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 II, 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 upon adjournment sine die of the 2008 Regular Session, as extended by proclamation dated March 5, 2008, and further extended by proclamations dated March 11, 2008, and March 14, 2008, 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 resolutions.
Third: Legislation permitting members of the Teachers' Defined Contribution Retirement System to affirmatively elect to transfer to the State Teachers Retirement System under certain conditions.
Fourth: Legislation establishing boards of governors for independent community and technical colleges; providing for the initial appointment to and the terms of office of members of the boards of governors of independent community and technical colleges; relating to the appointment and membership of institutional boards of governors of state institutions of higher education; and providing for the election of a chairperson of institutional boards of governors in the fiscal year beginning on the first day of July, two thousand eight.
Fifth: Legislation providing for a one-time bonus payment of six hundred dollars to certain annuitants of the Public Employees Retirement System and the State Teachers Retirement System.
Sixth: Legislation requiring notice to the Governor, the Secretary of the Department of Administration and the Legislature upon commencement of actions on behalf of the State; requiring notice prior to settlement of such actions; and requiring notice of potential recovery through seizure or forfeiture of assets in certain criminal cases.
Seventh: 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.

(Insert Great Seal)

DONE at the Capitol in the City of Charleston, State of West Virginia, on this the fifteenth day of March, in the year of our Lord, Two Thousand Eight, and in the One Hundred Forty-Fifth 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 Fleischauer, Ennis and J. Miller.
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 Guthrie, Swartzmiller and C. Miller.
Delegate Fleischauer, 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 Guthrie, 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 Senate
A message from the Senate, by
Senators Edgell, Unger 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.
Bills Introduced
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. 101 - "A Bill to repeal §18-7C-1, §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, §18-7C-13, and §18-7C-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-7A-14, §18-7A-18, §18- 7A-34 and §18-7A-40 of said code; to amend and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; and to amend said code by adding thereto a new article, designated §18-7D-1, §18-7D-2, §18- 7D-3, §18-7D-4, §18-7D-5, §18-7D-6, §18-7D-7, §18-7D-8, §18-7D-9, §18-7D-10, and §18-7D-11, 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; authorizing certain loans; providing legislative findings and purpose; providing definitions; providing opportunities for members of the State Teachers' Defined Contribution Retirement System to affirmatively elect to transfer their assets to the State Teacher's Retirement System; establishing requirements and processes for members to affirmatively elect to transfer; providing responsibilities of the Consolidated Public Retirement Board; setting forth dates and time periods for members to affirmatively elect to transfer; providing for education about the opportunity to affirmatively elect to transfer; requiring notice to members; allowing Consolidated Public Retirement Board to contract directly for professional services for purposes of performing its responsibilities related to the voluntary transfer; providing for voluntary transfer from the Teachers Defined Contribution Retirement System to the State Teachers Retirement System if sixty-five percent or more of the actively contributing members affirmatively elect to transfer; providing for transfer of assets from the Teachers Defined Contribution Retirement System to the State Teachers Retirement System upon the affirmative election of sixty-five percent or more of the actively contributing members; providing for service credit in the State Teachers Retirement System; permitting transferring members to pay an Actuarial Reserve in order to receive full credit upon transfer if at least sixty-five percent but less than seventy-five percent of actively contributing members affirmatively elect to transfer; permitting transferring members to pay a one and one-half percent contribution plus interest in order to receive full credit upon transfer if seventy-five percent or more of actively contributing members affirmatively elect to transfer; addressing withdrawals and cash outs; addressing qualified domestic relations orders; and providing for vesting and minimum guarantees of benefits for members affirmatively electing to transfer."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the bill (H. B. 101) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 542), and there were--yeas 81, nays 14, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Blair, Border, Duke, Hamilton, Lane, C. Miller, J. Miller, Porter, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Brown, Carmichael, Reynolds, Shook and Yost.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time.
The Speaker announced that he had received various inquiries from several members relative to their vote on the passage of the bill as contemplated by House Rule 49.
The Speaker then asked those members in the Teachers' Defined Contribution Retirement System ("TDC") or who may have a spouse or family member in such system to please indicate the same to the Clerk. The members so indicating were:

Delegate Argento
Delegate Caputo
Delegate Crosier
Delegate Ellis
Delegate Ennis
Delegate Hamilton

Delegate Hutchins
Delegate Kessler
Delegate Klempa
Delegate Martin
Delegate Miley
Delegate C. Miller

Delegate Moye
Delegate Palumbo
Delegate Paxton
Delegate Perry
Delegate Pethtel
Delegate Pino

Delegate Proudfoot
Delegate Romine
Delegate Rowan
Delegate Schoen
Delegate Stephens
Delegate Tabb
Delegate Varner

Whereupon,
The Speaker ruled that all the foregoing Delegates were members of a class of persons possibly to be affected, and were, therefore, not excused from voting on the passage of the bill.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No. 543), 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: Carmichael, Reynolds, Shook and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 101) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 544), 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: Carmichael, Reynolds, Shook and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 101) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 103 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22j; and to amend said code by adding thereto a new section, designated §18-7A-26u, all relating to the Public Employees Retirement System and the State Teachers Retirement System; and providing for a one-time bonus payment for certain annuitants."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the bill (H. B. 103) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 545), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes.
Absent And Not Voting: Carmichael, Reynolds, Shook and Yost.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No. 546), 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: Carmichael, Reynolds, Shook and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 103) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 547), 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: Carmichael, Reynolds, Shook and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 103) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 104 - "A Bill to amend and reenact §55-17-1 and §55-17-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §55-17-6, all relating to requiring notice to certain public officials upon commencement of actions on behalf of the state, its departments, agencies, political subdivisions or officers; requiring notice prior to settlement of such actions; and requiring notice of potential recovery through seizure or forfeiture of assets in certain criminal cases."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the bill (H. B. 104) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 548), 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: Carmichael, Reynolds, Shook and Yost.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 549), 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: Carmichael, Reynolds, Shook and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 104) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 102 - "A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended, relating to higher education generally; establishing boards of governors for independent community and technical colleges; providing for the initial appointment to and the terms of office of members of the boards of governors for independent community and technical colleges; relating to the appointment and membership of institutional boards of governors of state institutions of higher education; and providing for the election of a chairperson of an institutional board of governors during the fiscal year beginning on the first day of July, two thousand eight."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the bill (H. B. 102) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 550), and there were--yeas 88, nays 8, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Ashley, Border, Ellem, Ireland, Lane, Schoen, Sobonya and Sumner.
Absent And Not Voting: Carmichael, Reynolds, Shook and Yost.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 551), and there were--yeas 89, nays 7, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Ashley, Border, Ellem, Ireland, Schoen and Sobonya.
Absent And Not Voting: Carmichael, Reynolds, Shook and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 102) passed.
Delegate DeLong moved that the bill take effect June 30, 2008.
On this question, the yeas and nays were taken (Roll No. 552), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Ireland, Schoen and Sobonya.
Absent And Not Voting: Carmichael, Reynolds, Shook and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 102) takes effect June 30, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 5:45 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 6:30 p.m., and reconvened at that time.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 1006 - "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 West Virginia Conservation Agency, fund 0132, fiscal year 2008, organization 1400, 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 Commerce - West Virginia Development Office, fund 0256, fiscal year 2008, organization 0307, to the Department of Commerce - WORKFORCE West Virginia, fund 0572, fiscal year 2008, organization 0323, to the Department of Education and the Arts - Office of the Secretary, fund 0294, fiscal year 2008, organization 0431, 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 Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2008, organization 0608, and to the Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2008, organization 0441 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, reference of the bill (S. B. 1006) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 553), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 554), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1006) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 555), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1006) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 1007 - "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 Division of Natural Resources, fund 3267, fiscal year 2008, organization 0310, and to the Bureau of Senior Services - 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, reference of the bill (S. B. 1007) to a committee was dispensed with, and it taken up for immediate consideration, and read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 556), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 557), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1007) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 558), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1007) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 1008 - "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 the Department of Administration - Public Defender Services, fund 0226, fiscal year 2008, organization 0221, to the Department of Education - State Department of Education, fund 0313, fiscal year 2008, organization 0402, to the Department of Education - State Department of Education - State Aid to Schools, fund 0317, fiscal year 2008, organization 0402, to the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year 2008, organization 0432, to the Department of Education and the Arts - Educational Broadcasting Authority, fund 0300, fiscal year 2008, organization 0439, to the Department of Education and the Arts - State Board of Rehabilitation - Division of Rehabilitation Services, fund 0310, fiscal year 2008, organization 0932, to the Department of Health and Human Resources - Department of Health and Human Resources - Office of the Secretary, fund 0400, fiscal year 2008, organization 0501, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2008, organization 0506, to the Department of Military Affairs and Public Safety - Division of Veterans' Affairs, fund 0456, fiscal year 2008, organization 0613, 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, reference of the bill (S. B. 1008) to a committee was dispensed with, and it taken up for immediate consideration, and read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 559), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read as second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 560), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1008) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 561), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1008) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 1009 - "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 Administration - Office of the Secretary - Employee Pension and Health Care Benefit Fund, fund 2044, fiscal year 2008, organization 0201, 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, reference of the bill (S. B. 1009) to a committee was dispensed with, and it taken up for immediate consideration, and read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 562), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 563), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1009) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 564), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1009) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 7:37 p.m., on motion of Delegate DeLong, the House of Delegates recessed and reconvened at 9:40 p.m..
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect June 30, 2008, a bill of the House of Delegates as follows:
H. B. 102, Establishing boards of governors for independent community and technical colleges.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 103, Providing a one-time bonus payment to certain annuitants of the Public Employees Retirement System and the State Teachers Retirement System.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of the House of Delegates as follows:
H. B. 104, Requiring notice to the Governor, Secretary of the Department of Administration and the Legislature upon commencement of actions on behalf of the state.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §55-17-1 and §55-17-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §55-17-6, all to read as follows:
ARTICLE 17. PROCEDURES FOR CERTAIN ACTIONS ON BEHALF OF OR AGAINST
THE STATE.

§55-17-1. Findings; purpose.
(a) The Legislature finds that there are numerous actions, suits and proceedings filed against state government agencies and officials that may affect the public interest. Depending upon the outcome, this type of litigation may have significant consequences that can only be addressed by subsequent legislative action. In these actions, the Legislature is not directly involved as a party. The Legislature is not a proper party to these actions because of an extensive structure of constitutional protections established to safeguard the prerogatives of the legislative branch under our governmental system of checks and balances. Government agencies and their officials require more notice of these actions and time to respond to them and the Legislature requires more timely information regarding these actions, all in order to protect the public interest. The Legislature further finds that protection of the public interest is best served by clarifying that no government agency may be subject to awards of punitive damages in any judicial proceeding.
(b) The Legislature further finds that there are numerous actions, suits and proceedings filed on behalf of the State of West Virginia or a government agency thereof, that may affect the public interest. Depending upon the outcome, this type of litigation may have significant consequences that can only be addressed by subsequent legislative action. In such litigation, the Governor, Department of Administration and the Legislature may not be directly involved as parties. Additionally, the Governor, Department of Administration and the Legislature need advance notice of potential moneys that may become available as a result of seizure or forfeiture of assets under state or federal criminal law. The Governor, Department of Administration and the Legislature require more timely information regarding these actions in order to protect the public interest. The Legislature further finds that protection of the public interest is best served by requiring notice to the Governor, the Secretary of the Department of Administration, the President of the Senate and the Speaker of the House of Delegates of any action brought on behalf of the state or a government agency thereof, which may result in a judgment, award or settlement and when the state or a government agency thereof, becomes eligible for moneys from state or federal seizure or forfeiture of assets in criminal cases.
(c) It is the purpose of this article to establish procedures to be followed in certain civil actions filed on behalf of or against state government agencies and their officials.
§55-17-5. Notice of settlement, seizure or forfeiture.
~~(a) It is the express intent of the Legislature that the provisions of this article be liberally construed to effectuate the public policy set forth in section one of this article.~~
~~(b) The provisions of this article may not be construed to impose any liability upon a state agency from which the agency is otherwise immune.~~
(a) So that the Governor, the Department of Administration and the Legislature may be aware of potential awards, the person or entity bringing any action on behalf of the State of West Virginia, or a government agency thereof, which could result in settlement or judgment shall upon commencement of the action and prior to entering into any settlement agreement which directs how the money should be expended, notify and provide copies of pleadings and related documents to the Governor, the Secretary of the Department of Administration, the President of the Senate and the Speaker of the House of Delegates.
(b) When a government agency becomes aware that moneys may be available to them from a state or federal seizure or forfeiture in a criminal case they shall notify the Governor, the Secretary of the Department of Administration, the President of the Senate and the Speaker of the House of Delegates: Provided, That the total value of the assets to be seized or forfeited exceeds two hundred and fifty thousand dollars.
§55-17-6. Construction of article.
(a) It is the express intent of the Legislature that the provisions of this article be liberally construed to effectuate the public policy set forth in section one of this article.
(b) The provisions of this article may not be construed to impose any liability upon a state agency from which the agency is otherwise immune."
And,
By amending the title of the bill to read as follows:
H. B. 104 - "A Bill to amend and reenact §55-17-1 and §55-17-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §55-17-6, all relating to requiring notice to certain public officials upon commencement of actions on behalf of the state or a government agency thereof; requiring notice prior to settlement of such actions; requiring notice of potential recovery through seizure or forfeiture of assets in certain criminal cases; and providing for statutory construction of the article."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 565), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Pino, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 104) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 101, Providing for the voluntary transfer of assets from the Teachers' Defined Contribution Retirement System ("TDC") to the State Teachers Retirement System ("TRS").
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page twenty-nine, section four, line twenty-two and twenty-three, by striking out the words "the account's average rate of return over the previous three years" and inserting in lieu thereof the words "the average rate of return of the Standard and Poor's and the Lehman U. S. Corporate/Government Index for the previous ten years; the average rate of return of an indexed balanced fund for the previous ten years".
On page twenty-nine, section four, line twenty-four, after the word "sixty" by inserting the words "and age sixty-five".
On page thirty, section four, line four, after the word "sixty" by inserting the words "and age sixty-five".
On page thirty, section four, line six, after the word "sixty" by inserting the words "and age sixty-five".
On page forty-one, section six, line two, after the word "eight" by changing the period to a colon and adding the following proviso: "Provided, That the Consolidated Public Retirement Board may not retire any member who is eligible to retire during the school year beginning two thousand eight during the school year two thousand eight unless the member has provided a written notice to his or her county board of education by the first day of July, two thousand eight, of his or her intent to retire."
And,
By amending the title of the bill to read as follows:
H. B. 101 - "A Bill to repeal §18-7C-1, §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, §18-7C-13, and §18-7C-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-7A-14, §18-7A-18, §18- 7A-34 and §18-7A-40 of said code; to amend and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; and to amend said code by adding thereto a new article, designated §18-7D-1, §18-7D-2, §18- 7D-3, §18-7D-4, §18-7D-5, §18-7D-6, §18-7D-7, §18-7D-8, §18-7D-9, §18-7D-10, and §18-7D-11, 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; authorizing certain loans; providing legislative findings and purpose; providing definitions; providing opportunities for members of the State Teachers' Defined Contribution Retirement System to affirmatively elect to transfer their assets to the State Teacher's Retirement System; establishing requirements and processes for members to affirmatively elect to transfer; providing responsibilities of the Consolidated Public Retirement Board; setting forth dates and time periods for members to affirmatively elect to transfer; providing for education about the opportunity to affirmatively elect to transfer; requiring notice to members; allowing Consolidated Public Retirement Board to contract directly for professional services for purposes of performing its responsibilities related to the voluntary transfer; providing for voluntary transfer from the Teachers Defined Contribution Retirement System to the State Teachers Retirement System if sixty-five percent or more of the actively contributing members affirmatively elect to transfer; providing for transfer of assets from the Teachers Defined Contribution Retirement System to the State Teachers Retirement System upon the affirmative election of sixty-five percent or more of the actively contributing members; providing for service credit in the State Teachers Retirement System; permitting transferring members to pay an Actuarial Reserve in order to receive full credit upon transfer if at least sixty-five percent but less than seventy-five percent of actively contributing members affirmatively elect to transfer; permitting transferring members to pay a one and one-half percent contribution plus interest in order to receive full credit upon transfer if seventy-five percent or more of actively contributing members affirmatively elect to transfer; addressing withdrawals and cash outs; addressing qualified domestic relations orders; providing for vesting and minimum guarantees of benefits for members affirmatively electing to transfer; and prohibiting retirement without appropriate notice."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 566), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Pino, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 101) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 567), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Pino, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 101) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
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. 1011 - "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 2008, organization 0705, to the West Virginia Development Office, fund 3170, fiscal year 2008, organization 0307, to the Division of Health - Central Office, fund 5219, fiscal year 2008, organization 0506, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 6005, fiscal year 2008, organization 0601, to the Division of Corrections - Correctional Units, fund 6283, fiscal year 2008, organization 0608, and to the Higher Education Policy Commission - Administration - Control Account, fund 4932, fiscal year 2008, organization 0441, 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, reference of the bill (S. B. 1011) to a committee was dispensed with, and it taken up for immediate consideration, and read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 568), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Pino, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
Delegates Armstead and Lane requested to be excused from voting on the passage of S. B. 1011 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
On the passage of the bill, the yeas and nays were taken (Roll No. 569), and there were--yeas 78, nays 2, absent and not voting 20, with the nays and absent and not voting being as follows:
Nays: Blair and Wysong.
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Pino, Reynolds, Schoen, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1011) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 570), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Carmichael, Craig, Crosier, Ellem, Ennis, Frederick, Iaquinta, Longstreth, Miley, Pino, Reynolds, Shook, Stalnaker, Stemple, Swartzmiller, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1011) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Carmichael, Reynolds, Shook and Yost.
Miscellaneous Business
At the request of Delegate DeLong, and by unanimous consent, permission was granted the Joint Committee on Enrolled Bills, after it had examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this session of the Legislature, to file its report with the Clerk and that such reports be included in the final Journal of this session, and that communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, also be included in the Journal.
In accordance with the foregoing unanimous consent request, Delegate Doyle filed reports of the Joint Committee on Enrolled Bills as follows:
March 20, 2008
(S. B. 1006), Making supplementary appropriation to various accounts,
(S. B. 1007), Making supplementary appropriation of Lottery Net Profits to Division of Natural Resources and Lottery Senior Citizens Fund,
(S. B. 1008), Making supplementary appropriation to various accounts,
(S. B. 1009), Making supplementary appropriation to Employee Pension and Health Care Benefit Fund,
And,
(S. B. 1011), Making supplementary appropriation to various accounts.
March 26, 2008
(H. B. 101), Providing for the voluntary transfer of assets from the Teachers' Defined Contribution Retirement System ("TDC") to the State Teachers Retirement System ("TRS"),
(H. B. 102), Establishing boards of governors for independent community and technical colleges,
(H. B. 103), Providing a one-time bonus payment to certain annuitants of the Public Employees Retirement System and the State Teachers Retirement System,
And,
(H. B. 104), Requiring notice to the Governor, Secretary of the Department of Administration and the Legislature upon commencement of actions on behalf of the 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 completed the business of this the First Extraordinary Session of the Seventy-eighth Legislature and was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Fleischauer, Ennis and J. Miller.
On motion of Delegate DeLong, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency, the Governor, that the Legislature was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Guthrie, Swartzmiller and C. Miller.
Messages from the Senate
A message from the Senate, by
Senators Edgell, Stollings and Hall, announced that the Senate had completed the business of this First Extraordinary Session and was ready to adjourn sine die.
Delegate Fleischauer, from the Committee to notify the Senate of impending sine die adjournment, announced that the committee had performed that duty.
Delegate Guthrie, from the Committee to inform His Excellency, the Governor, that the Legislature had completed the business of this First Extraordinary Session and was ready to adjourn sine die, announced the performance of that duty.
Messages from the Executive
Subsequent to the adjournment of the session, communications were received from His Excellency, the Governor, advising that on March 21, 2008, he approved S. B. 1006, S. B. 1007, S. B. 1008 and S. B. 1009; and on April 1, 2008, he approved H. B. 101, H. B. 102, H. B. 103 and H. B. 104.
Subsequent to the adjournment of session, the following communication was received from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston

March 21, 2008

VETO MESSAGE

The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I hereby return Enrolled Committee Substitute for Senate Bill No. 1011 approved with the following objections.

My first objection to the Bill is contained in Item 258, page 3, line 12 and line 13, ,which states:

"Consolidated Public Retirement -
Transfer . . . . . . . . . . . . . . . . . . . . .

918
24,516,867 "

During the First Extraordinary Session of 2008, the Legislature passed House Bill No. 101 allowing members of the Teachers' Defined Contribution Retirement System to voluntarily transfer to the State Teachers Retirement System. In accordance with the provisions of that Bill, if a certain percentage of the actively contributing members of TDC affirmatively elect to transfer to TRS, then all members so electing shall transfer to TRS. If the required percentage of actively contributing members of TDC affirmatively elect to transfer, I will call a special session to address this appropriation. However, until the results of the voluntary transfer are known, I do not believe this appropriation should be made. Therefore, I am reducing the appropriation by the amount of $24,516,867, to $0.

My second objection to the Bill is contained in the language found in Item No. 258, page 3 through 4, line 28 through line 37, which states:

"The above appropriation for Consolidated Public Retirement - Transfer (fund 7208, activity 918) shall be transferred to the Consolidated Public Retirement Board - West Virginia Teachers Retirement System Employers Accumulation Fund (fund 2601) only after all funding required by section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia and the transfer to the General Revenue Fund (fund 7208, org 0705, activity 482) has been satisfied as determined by the Director of the Lottery."

I am eliminating the funding of $24,516,867 which would have been transferred to the Consolidated Public Retirement Board. Therefore, I am deleting in its entirety line 28 through line 37.

Sincerely,

Joe Manchin III
Governor.

For the reasons stated herein, I have approved, with the above objections, Enrolled Senate Bill 1011.

There being no further business to come before the House, at 10:57 p.m., on motion of Delegate DeLong, the House of Delegates adjourned sine die.
__________*__________

We hereby certify that the forgoing record of the proceedings of the House of Delegates, First Extraordinary Session, 2008, is the official Journal of the House of Delegates for said session.

Richard Thompson
Speaker of the House of Delegates

Gregory M. Gray

Clerk of the House of Delegates