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Tuesday, May 17, 2005



     The House of Delegates met at 5:00 p.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 Monday, May 16, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
     S. B. 3001 - "A Bill to amend and reenact §6-7-2 of the Code of West Virginia, 1931, as contained in chapter 203, Acts of the Legislature, regular session, 2005, as amended, relating generally to the salaries of the Governor, Attorney General, State Treasurer, State Auditor, Commissioner of Agriculture and Secretary of State; and effective dates."
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 3001) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
      Delegate Staton 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. 770), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Leach, Morgan, Schadler and Wakim.
      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.
     The question being on the passage of this bill, the yeas and nays were taken (Roll No. 771), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 3001) passed.
     Delegate Staton moved that the bill take effect July 1, 2005.
     On this question, the yeas and nays were taken (Roll No. 772), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
      So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3001) takes effect July 1, 2005.
     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 July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
      S. B. 3002 - "A Bill to repeal §20-11-5a of the Code of West Virginia, 1931, as amended, relating to a recycling assessment fee upon the disposal of solid waste."
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 3002) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.        
     Delegate Staton 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. 773), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, four fifths of the members present having voted in the affirmative, the constitution 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.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 774), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     Delegate Staton moved that the bill take effect July 9, 2005.
     On this question, the yeas and nays were taken (Roll No. 775), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
      So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3002) takes effect July 9, 2005.
      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 July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
     S. B. 3003 - "A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating generally to the subsidization of any incremental adjustment in the active state pool employees' portion of the aggregate cost-sharing percentages of premium between employers and employees between the first day of July, two thousand five, until the thirty-first day of December, two thousand five."
     At the request of Delegate Staton, and by unanimous consent, further consideration of the bill was then postponed.
      A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
     S. B. 3004 - "A Bill supplementing and amending items of the existing appropriations from the State Fund, General Revenue, to a new item of appropriation designated to the Governor's Office, fund 0104, fiscal year 2006, organization 0100, supplementing and amending chapter sixteen, Acts of the Legislature, for the fiscal year ending the thirtieth day of June, two thousand six."      At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 3004) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.        
     Delegate Staton 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. 776), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, four fifths of the members present having voted in the affirmative, the constitution 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.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 777), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     Delegate Staton moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 778), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
      So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3004) takes effect from 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 July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
     S. B. 3005 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the State Fund, General Revenue, to the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2006, organization 0201, and to the Department of Revenue - State Budget Office, fund 0595, fiscal year 2006, organization 0703, 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, reference of the bill (S. B. 3005) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     Delegate Staton 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. 779), and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:
     Nays: Lane.
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
     The bill was read a second time and ordered to third reading.
     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. 780), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 3005) passed.
     Delegate Staton moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 781), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3005) 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. 3006 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand six, to a new item of appropriation designated to the Department of Environmental Protection - Litter Control Fund, fund 3486, fiscal year 2006, organization 0313, supplementing and amending chapter sixteen, Acts of the Legislature, regular session, two thousand five, known as the budget bill."
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 3006) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and then ordered to second reading.
     Delegate Staton moved that the constitution 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. 782), and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:
     Nays: Lane.
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     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.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 783), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 3006) passed.
     On motion of Delegate Staton moved that the bill tale effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 784), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, a majority of te members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 3006) 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 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. 3008 - "A Bill to amend and reenact §8-13C-1 and §8-13C-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8- 13C-14, all relating to the use of proceeds from a pension relief municipal occupational tax, a pension relief municipal sales and service tax and a pension relief municipal use tax; loss of authority to impose those taxes; authorizing a qualifying municipality, subject to meeting certain requirements, to close its existing pension and relief fund plan for policemen and firemen to those hired after a future date; authorizing a qualifying municipality, subject to meeting certain requirements, to establish a defined contribution plan for policemen and firemen hired on and after the future date; and authorizing a qualifying municipality, subject to meeting certain requirements, to issue revenue bonds for the purpose of eliminating the unfunded actuarial accrued liability of the existing pension and relief fund plan for policemen and firemen and to issue refunding bonds issued to refund, in whole or in part, bonds issued for that purpose."
     At the request of Delegate Staton, and by unanimous consent, further consideration of the bill was then postponed.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
     Com. Sub. for S. B. 3009 - "A Bill to repeal §5A-10-1, §5A-10-2 and §5A-10-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-10D-1 of said code; to amend and reenact §5-16-3 and §5-16-4 of said code; to amend and reenact §5A-1-2 of said code; and to amend and reenact §29-6-5 and §29-6-6 of said code, all relating generally to the elimination of the Employee and Insurance Services Division of the Department of Administration and reassigning certain duties; reinstating the Secretary of the Department of Administration as a member of the Consolidated Public Retirement Board, the Public Employees Insurance Agency Finance Board and the State Personnel Board; providing that the Governor shall appoint the Director of the Public Employees Insurance Agency; providing that the Division of Personnel is continued within the Department of Administration; clarifying board member compensation and expense reimbursement; and making technical changes."
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 3009) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     Delegate Staton moved that the constitutional rule requiring the bill to be fully nad districtly read on three different days be dispensed with.
     On this question, the yeas and nays were taken (Roll No. 785), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Hunt, Morgan, Porter, Schadler and Wakim.
     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.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 786), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 3009) passed.
     Delegate Staton moved that the bill take effect July 1, 2005.
     On this question, the yeas and nays were taken (Roll No. 787), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3009) takes effect July 1, 2005.
     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 concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect July 1, 2005, of
     Com. Sub. for S. B. 3010 - "A Bill to amend and reenact §51-9-1a, §51-9-4, §51-9-6, §51-9- 6a, §51-9-6b and §51-9-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §51-9-6d, all relating generally to the judicial retirement system; increasing the contribution rate for certain judges from the first day of July, two thousand five, until the thirtieth day of June, two thousand ten; providing that judges appointed or elected for the first time as judge of a court of record after the first day of July, two thousand five, must have served fourteen years as a sitting judge to receive annual retirement benefits; changing the annual benefit calculations and retirement qualifications for all judges appointed or elected for the first time as judge of a court of record after the first day of July, two thousand five; changing the annual benefit calculations for the spouses and children of all judges appointed or elected for the first time as judge of a court of record after the first day of July, two thousand five; eliminating the ability of judges appointed or elected for the first time as judge of a court of record after the first day of July, two thousand five, to use prosecutorial service as qualifying service; providing that retired judges may hold a public office or trust for compensation from the State of West Virginia; and providing that retired judges are ineligible to participate in any other pension plan maintained by the State of West Virginia."
     At the request of Delegate Staton, and by unanimous consent, further consideration of the bill was then postponed.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title as follows:
     S. C. R. 301 - "Requesting the Base Realignment and Closure Commission reject the recommendations of the Secretary of the United States Department of Defense for closure of military facilities in West Virginia and the transfer of military aircraft to any other location."
     Whereas, Donald Rumsfeld, Secretary of the United States Department of Defense, has recommended the closure of three military facilities in West Virginia and the transfer of C-130 aircraft currently maintained in West Virginia; and
     Whereas, The Army Reserve centers in Huntington and Fairmont and the Navy-Marine Corps Reserve Center in Moundsville help provide economic stability and employment opportunities to many West Virginians; and
     Whereas, The Air National Guard base at Yeager Airport in Charleston, home of the 130th Airlift Wing and the C-130 military aircraft, has been a longtime symbol of pride for many West Virginians. The 130th Airlift Wing provides roughly 1,000 jobs. The transfer of C-130 aircraft from the 130th Airlift Wing will cause the loss of more than 150 jobs; and
     Whereas, As an already economically challenged state, West Virginia cannot stand to lose jobs as a direct result of the closing of military facilities and the transfer of C-130 aircraft; and
     Whereas, C-130 aircraft provide assistance by delivering much-needed supplies, vehicles and troops to many areas of West Virginia and other parts of the nation that suffer disasters; and
     Whereas, At a time when homeland security is a major issue, the security of West Virginia and its citizens will be threatened by the loss of C-130 aircraft; and
     Whereas, Since the Korean War, C-130 aircraft have represented the great State of West Virginia in numerous conflicts, including the present war in Iraq; and
     Whereas, West Virginians have always stood united in efforts to keep America strong. Per capita, more West Virginians have served in the armed forces of our nation than any other state in the union;
     Whereas, The Legislature supports Senator Robert C. Byrd who is leading the congressional delegation, consisting of Senator John D. Rockefeller IV, Representative Alan B. Mollohan, Representative Shelley Moore Capito and Representative Nick J. Rahall II, in these efforts on the federal level; and  
     Whereas, As elected representatives of the citizens of West Virginia, it is the Legislature's constitutional duty to preserve and protect our citizens and their prosperity. The Legislature strongly requests that the members of the Base Realignment and Closure Commission reject the recommendations of Defense Secretary Donald Rumsfeld as they relate to closing any military facility and the transfer of any C-130 aircraft from West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Base Realignment and Closure Commission reject the recommendations of the Secretary of the United States Department of Defense for closure of military facilities in West Virginia and the transfer of military aircraft to any other location; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to President George W. Bush; Secretary of Defense Donald Rumsfeld; Chairman of the Base Realignment and Closure Commission Anthony Principi; Commission members James Bilhray, Philip Coyle, Admiral Harold W. Gehman, Jr., James V. Hensen, General James T. Hill, General Lloyd Newton, Samuel Knox Skinner and General Sue Ellen Turner; and West Virginia's congressional delegation.
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (S. C. R. 301) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, the yeas and nays were taken (Roll No. 788), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (S. C. R. 301) adopted.
     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 adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title as follows:
     Com. Sub. for S. C. R. 302 -- "Providing for the issuance of not to exceed three hundred seventy-five million dollars of refunding bonds pursuant to the "Safe Roads Amendment of 1996", article two-g, chapter thirteen of the Code of West Virginia and article twenty-six, chapter seventeen of said code and rescinding and superseding House Concurrent Resolution No. 93, adopted the ninth day of April, two thousand five, and all prior resolutions that are inconsistent with this resolution."
     Resolved by the Legislature of West Virginia:
     That safe road refunding bonds in the principal amount not to exceed three hundred seventy- five million dollars are authorized to be issued by the State of West Virginia and sold by the Governor during the fiscal year ending the thirtieth day of June, two thousand five; and, be it
     Further Resolved, That the bonds shall be issued in registered form, in such denominations, maturing at such times and bearing such date or dates as the Governor may determine; and, be it
     Further Resolved, That all such bonds shall be payable at the Office of the Treasurer of the State of West Virginia or at some bank in the city of Charleston to be designated by the Governor; and, be it
     Further Resolved, That the bonds shall bear interest at rates and be payable in amounts as determined by the Governor; and, be it
     Further Resolved, That the State Treasurer shall pay the principal and/or interest then due on the bonds to the registered owners thereon at the addresses shown by the record of registration; and, be it
     Further Resolved, That the bonds shall be signed as provided in section two, article twenty- six, chapter seventeen of the Code of West Virginia; and, be it
     Further Resolved, That the bonds may be redeemable on such date or dates prior to maturity as determined by the Governor; and, be it
     Further Resolved, That the Governor shall sell the bonds herein mentioned at such time or times in such amounts, not exceeding the aggregate principal amount described above, at such prices during the fiscal year as the Governor may determine necessary to provide funds for the purposes provided below; and, be it
     Further Resolved, That the net proceeds of sales of all bonds herein authorized shall be paid into a special and irrevocable trust fund, separate and apart from other funds of the State of West Virginia, to be held in the custody of an escrow trustee to be designated by the Governor; and, be it
     Further Resolved, That an irrevocable deposit of the moneys in trust for, and the moneys and the investments thereof, together with any income or interest earned thereon, shall be applied to the payment of the principal of and interest on certain issued and outstanding safe road bonds, to be selected by the Governor, as the same become due and payable; and, be it
     Further Resolved, That this concurrent resolution shall rescind and supersede any and all prior resolutions or parts thereof which are inconsistent with this resolution, including, but not limited to, the concurrent resolution adopted on the ninth day of April, two thousand five, referred to as House Concurrent Resolution No. 93, which provided for the issuance of not to exceed three hundred seventy-five million dollars of refunding bonds pursuant to the "Safe Roads Amendment of 1996", article two-g, chapter thirteen of the Code of West Virginia and article twenty-six, chapter seventeen of said code.
    At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (Com. Sub. for S. C. R. 302) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, the yeas and nays were taken (Roll No. 789), and there were--yeas 91, nays 3, absent and not voting 6, with the nays and absent and not voting being as follows:
     Nays: Armstead, Lane and Walters.
     Absent and Not Voting: Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for S. C. R. 302) adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Committee Reports

     Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the following report, which was received:
     Your Committee on Pensions and Retirement has had under consideration:
     H. B. 309, Municipal pension and relief fund plans for policemen and firemen,
     And,
     H. B. 310, Annual benefit calculation and retirement qualification for all judges appointed or elected for the first time as a judge of a court of record after July 1, 2005,
     And reports the same back, by unanimous vote of the Committee, without recommendation.
Messages from the Senate

     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. 3007 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to the Department of Military Affairs and Public Safety - West Virginia State Police, fund 6394, fiscal year 2005, organization 0612, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five."
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 3007) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     Delegate Staton 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. 790), and there were--yeas 89, nays 4, absent and not voting 7, with the nays and absent and not voting being as follows:
     Nays: Frich, Lane, Overington and Sumner.
     Absent and Not Voting: Duke, Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     The bill was then read a second time.
     On motion of Delegate Michael the bill was amended on page one by striking out lines seventeen through twenty-two.
     The bill was then ordered to third reading.
     The bill was then read a third time and put upon its passage.
     The question being on the passage of the bills, the yeas and nays were taken (Roll No. 792), and there were--yeas 88, nays 5, absent and not voting 7, with the nays and absent and not voting being as follows:
     Nays: Brown, Lane, Sobonya, Spencer and Sumner.
     Absent and Not Voting: Duke, Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     On motion of Delegate Michael, the title of the bill was amended to read as follows:
     S. B. 3007 -- "A Bill supplementing, amending, reducing and increasing items of appropriation for the fiscal year ending the thirtieth day of June, two thousand five, to the Department of Military Affairs and Public safety - West Virginia State police, fund 6394, fiscal year 2005, organization 0612, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five."
     Delegate Staton moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 793), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
     Absent and Not Voting: Duke, Ferrell, Fragale, Howard, Morgan, Schadler and Wakim.
     At 6:02 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:20 p.m., and reconvened at that time.
     The House then proceeded to further consideration of Com. Sub. for S. B. 3010, Relating to judicial retirement system; having been reported in earlier proceedings and postponed until this time.
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 3010) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     Delegate Staton 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. 794), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
     Nays: Lane.
     Absent and Not Voting: Azinger, Ferrell, Fragale, Howard, Leggett, Morgan, Schadler and Wakim.
     The bill was then read a second time.
     On motion of Delegate Stalnaker, Mr. Speaker, Mr. Kiss, and Delegates Staton, Varner, Michael and Amores, the bill was amended on page three, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
§51-9-1a. Definitions.
     (a) As used in this article, the term 'judge', 'judge of any court of record' or 'judge of any court of record of this state' means, refers to and includes judges of the several circuit courts and justices of the Supreme Court of Appeals. For purposes of this article, the terms do not mean, refer to or include family court judges.
     (b) 'Beneficiary' means any person, except a member, who is entitled to an annuity or other benefit payable by the retirement system.
     (c) 'Board' means the Consolidated Public Retirement Board created pursuant to article ten- d, chapter five of this code.
     (d) 'Final average salary' means the average of the highest thirty-six consecutive months compensation received by the member as a judge of any court of record of this state.
     (d) (e) 'Internal Revenue Code' means the Internal Revenue Code of 1986, as it has been amended.
     (e) (f) 'Member' means a judge participating in this system.
     (f) (g) 'Plan year' means the twelve-month period commencing on the first day of July of any designated year and ending the following thirtieth day of June.
     (g) (h) 'Required beginning date' means the first day of April of the calendar year following the later of: (a) The calendar year in which the member attains age seventy and one-half; or (b) the calendar year in which the member retires or otherwise separates from covered employment.
     (h) (i) 'Retirement system' or 'system' means the judges retirement system created and established by this article. Notwithstanding any other provision of law to the contrary, the provisions of this article are applicable only to circuit judges and justices of the Supreme Court of Appeals in the manner specified in this article. No service as a family court judge may be construed to qualify a person to participate in the judges retirement system or used in any manner as credit toward eligibility for retirement benefits under the judges retirement system.
§51-9-4. Required percentage contributions from salaries; any termination of required contributions prior to actual retirement disallowed; leased employees; military service credit; maximum allowable and qualified military service; qualifiable prosecutorial service.

     (a) Every person who is now serving or shall hereafter serve as a judge of any court of record of this state shall pay into the judges' retirement fund six percent of the salary received by such person out of the State Treasury: Provided, That when a judge becomes eligible to receive benefits from such trust fund by actual retirement, no further payment by him or her shall be required, since such employee contribution, in an equal treatment sense, ceases to be required in the other retirement systems of the state, also, only after actual retirement: Provided, however, That on and after the first day of January, one thousand nine hundred ninety-five, every person who is then serving or shall thereafter serve as a judge of any court of record in this state shall pay into the judges' retirement fund nine percent of the salary received by that person: Provided further, That consistent with the salary increase granted to judges of courts of record during the two thousand five regular legislative session and to changes effectuated in judicial retirement by provisions enacted during the third extraordinary legislative session of two thousand five, on and after the first day of July, two thousand five, every person who is then serving or shall thereafter serve as a judge of any court of record in this state shall pay into the judges' retirement fund ten and one-half percent of the salary received by that person. Any prior occurrence or practice to the contrary, in any way allowing discontinuance of required employee contributions prior to actual retirement under this retirement system, is rejected as erroneous and contrary to legislative intent and as violative of required equal treatment and is hereby nullified and discontinued fully, with the State Auditor to require such contribution in every instance hereafter, except where no contributions are required to be made under any of the provisions of this article.
     (b) An individual who is a leased employee shall not be eligible to participate in the system. For purposes of this system, a 'leased employee' means any individual who performs services as an independent contractor or pursuant to an agreement with an employee leasing organization or other similar organization. If a question arises regarding the status of an individual as a leased employee, the Board has the final power to decide the question.
     (c) In drawing warrants for the salary checks of judges, the State Auditor shall deduct from the amount of each such salary check six percent thereof, which amount so deducted shall be credited by the Consolidated Public Retirement Board to the trust fund: Provided, That on or after the first day of January, one thousand nine hundred ninety-five, the amount so deducted and credited shall be nine percent of each such salary check: Provided, however, That consistent with the salary increase granted to judges of courts of record during the two thousand five regular legislative session and to changes effectuated in judicial retirement by provisions enacted during the third extraordinary legislative session of two thousand five, on or after the first day of July, two thousand five, the amount so deducted and credited shall be ten and one-half percent of each such salary check.
     (d) Any judge seeking to qualify military service to be claimed as credited service, in allowable aggregate maximum amount up to five years, shall be entitled to be awarded the same without any required payment in respect thereof to the judges' retirement fund.
     (e) Notwithstanding the preceding provisions of this section, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, 'qualified military service' has the same meaning as in Section 414(u) of the Internal Revenue Code. The Retirement Board is authorized to determine all questions and make all decisions relating to this section and may promulgate rules relating to contributions, benefits and service credit pursuant to the authority granted to the Retirement Board in section one, article ten-d, chapter five of this code to comply with Section 414(u) of the Internal Revenue Code.
     (f) Any judge holding office as such on the effective date of the amendments to this article adopted by the Legislature at its regular session in the year one thousand nine hundred eighty-seven, who seeks to qualify service as a prosecuting attorney as credited service, which service credit must have been earned prior to the year one thousand nine hundred eighty-seven, shall be required to pay into the judges' retirement fund nine percent of the annual salary which was actually received by such person as prosecuting attorney during the time such prosecutorial service was rendered prior to the year one thousand nine hundred eighty-seven, and for which credited service is being sought, together with applicable interest. No judge whose term of office shall commence after the effective date of such amendments to this article shall be eligible to claim any credit for service rendered as a prosecuting attorney as eligible service for retirement benefits under this article, nor shall any time served as a prosecutor after the year one thousand nine hundred eighty-eight be considered as eligible service for any purposes of this article. §51-9-6. Eligibility for and payment of benefits.
     (a) Except as otherwise provided in sections five, six-d, twelve and thirteen of this article, and subject to the provisions of subsection (e) of this section, any person who is now serving, or who shall hereafter serve, as a judge of any court of record of this state and shall have served as such judge for a period of not less than sixteen full years and shall have reached the age of sixty-five years, or who has served as judge of such court or of that court and other courts of record of the state for a period of sixteen full years or more (whether continuously or not and whether said service be entirely before or after this article became effective, or partly before and partly after said date, and whether or not said judge shall be in office on the date he or she shall become eligible to benefits hereunder) and shall have reached the age of sixty-five years, or who is now serving, or who shall hereafter serve, as a judge of any court of record of this state and shall have served as such judge for a period of not less than twenty-four full years, regardless of age, shall, upon a determination and certification of his or her eligibility as provided in section nine hereof, be paid from the fund annual retirement benefits, so long as he or she shall live, in an amount equal to seventy-five percent of the annual salary of the office from which he or she has retired based upon such salary of such office and as such salary may be changed from time to time during the period of his or her retirement and the amount of his or her retirement benefits shall be based upon and be equal to seventy-five percent of the highest annual salary of such office for any one calendar year during the period of his or her retirement, and shall be payable in monthly installments: Provided, That such retirement benefits shall be paid only after such judge has resigned as such or, for any reason other than his or her impeachment, his or her service as such has ended: Provided, however, That every such person seeking to retire and to receive the annual retirement benefits provided by this subsection must have served a minimum of twelve years as a sitting judge of any such court of record: Provided further, That every individual who is appointed or elected for the first time as judge of a court of record of this state after the first day of July, two thousand five, who subsequently seeks to retire and to receive the annual retirement benefits provided by this subsection must have served a minimum of fourteen years as a sitting judge of any court of record.
     (b) Notwithstanding any other provisions of this article with the exception of sections twelve- a and twelve-b, any person who is now serving or who shall hereafter serve as a judge of any court of record of this state and who shall have accumulated sixteen years or more of credited service, at least twelve years of which is as a sitting judge of a court of record, and who has attained the age of sixty-two years or more but less than the age of sixty-five years, may elect to retire from his or her office and to receive the pension to which he or she would otherwise be entitled to receive at age sixty-five, but with an actuarial reduction of pension benefit to be established as a reduced annuity receivable throughout retirement: Provided, That every individual who is appointed or elected for the first time as judge of a court of record of this state after the first day of July, two thousand five, who subsequently seeks to retire and to receive the annual retirement benefits provided by this subsection must have served a minimum of fourteen years as a sitting judge of any court of record. The reduced percentage (less than seventy-five percent) actuarially computed, determined and established at time of retirement in respect of this reduced pension benefit shall also continue and be applicable to any subsequent new annual salary set for the office from which such judge has retired and as such salary may be changed from time to time during the period of his or her retirement.
     (c) In determining eligibility for the benefits provided by this section, active full-time duty (including leaves and furloughs) in the armed forces of the United States shall be eligible for qualification as credited military service for the purposes of this article by any judge with twelve or more years actual service as a sitting judge of a court of record, such awardable military service to not exceed five years: Provided, That in determining eligibility for the benefits provided by this section for every individual who is appointed or elected for the first time as judge of a court of record of this state after the first day of July, two thousand five, active full-time duty (including leaves and furloughs) in the armed forces of the United States qualifies as credited service for the purposes of this article for any judge with fourteen or more years actual service as a sitting judge of a court of record of this state, the awardable military service not to exceed five years.
     (d) If a judge of a court of record who is presently sitting as such on the effective date of the amendments to this section enacted by the Legislature at its regular session held in the year one thousand nine hundred eighty-seven, and who has served for a period of not less than twelve full years and has made payments into the judges' retirement fund as provided in this article for each month during which he or she served as judge, following the effective date of this section, any portion of time which he or she had served as prosecuting attorney in any county in this state shall qualify as years of service, if such judge shall pay those sums required to be paid pursuant to the provisions of section four of this article: Provided, That any term of office as prosecuting attorney, or part thereof, commencing after the thirty-first day of December, one thousand nine hundred eighty-eight, shall not hereafter in any way qualify as eligible years of service under this retirement system. For purposes of this article, eligible service as a 'prosecuting attorney' or as a 'prosecutor' does not include any service as an assistant prosecuting attorney. The amendment to this subsection during the third extraordinary session in the year two thousand five is not for the purpose of changing existing law but is intended to clarify the intent of the Legislature as to existing law regarding eligibility for benefits for service as a prosecuting attorney since its initial enactment, and this clarification shall be applied retrospectively to the effective date of this section and any predecessor acts in which service as a prosecuting attorney was initially determined by statute to qualify as eligible years of service under the retirement system provided by this article.
     (e) Any retirement benefit accruing under the provisions of this section shall not be paid if otherwise barred under the provisions of article ten-a, chapter five of this code.
  (f) Notwithstanding any other provisions of this article, forfeitures under the system shall not be applied to increase the benefits any member would otherwise receive under the system.
§51-9-6a. Eligibility benefits; service and retirement of judges over sixty-five years of age.

  Any judge of a court of record of this state, who shall have served for a period of not less than eight full years after attaining the age of sixty-five years and who shall have made payments into the judges' retirement fund as provided in this article for each month during which he or she served as such judge following the effective date of this section, shall be subject to all the applicable terms and provisions of this article, not inconsistent with the provisions hereof, and shall receive retirement benefits in an amount equal to seventy-five percent of the annual salary of the office from which he or she has retired based upon such salary of such office as such salary may be changed from time to time during the period of his or her retirement and the amount of his or her retirement benefits shall be based upon and be equal to seventy-five percent of the highest annual salary of such office for any one calendar year during the period of his or her retirement, and shall be payable in monthly installments. If such judge shall become incapacitated to perform his or her said duties before the expiration of his or her said term and after serving for six years thereof, and upon the acceptance of his or her resignation as in this article provided, he or she shall be paid the annual retirement benefits as herein provided so long as he or she shall live. The provisions of this section shall prevail over any language to the contrary in this article contained, except those provisions of sections twelve-a and twelve-b of this article: Provided, That no individual who is appointed or elected for the first time as judge of a court of record of this state after the first day of July, two thousand five, is eligible for retirement under this section.
§51-9-6b. Annuities for surviving spouses and surviving dependent children of judges; automatic escalation and increase of annuity benefit; proration designation by judge permitted.

  (a) There shall be paid, from the fund created or continued by section two of this article, or from such funds as may be appropriated by the Legislature for such purpose, an annuity to the surviving spouse of a judge, if such judge at the time of his or her death is eligible for the retirement benefits provided by any of the provisions of this article, or who has, at death, actually served five years or more as a sitting judge of any court of record of this state, exclusive of any other service credit to which such judge may otherwise be entitled, and who dies either while in office or after resignation or retirement from office pursuant to the provisions of this article. Said annuity shall amount to forty percent of the annual salary of the office which said judge held at his or her death or from which he or she resigned or retired. In the event said salary is increased or decreased while an annuitant is receiving the benefits hereunder, his or her annuity shall amount to forty percent of the new salary: Provided, That with respect to any individual who is appointed or elected for the first time as judge of a court of record of this state after the first day of July, two thousand five, any annuity to the surviving spouse of the judge shall be an amount equal to forty percent of the judge's final average salary: Provided, however, That the annuitant is not entitled to an increase in benefits by virtue of any increase in the salaries of the offices of circuit court judge or justice of the Supreme Court of Appeals. The annuity granted hereunder shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month for which the annuity shall have accrued. Such annuity shall commence on the first day of the month in which said judge dies and shall, subject to the provisions of subsection (b) of this section, terminate upon the death of the annuitant or shall terminate upon the remarriage of the annuitant.
  (b) If there be no surviving spouse at the time of death of a judge who dies after serving five years or more as a sitting judge of any court of record and such judge leaves surviving him any dependent child or children such dependent child or children shall receive an amount equal to twenty percent of the annual salary of the office which said judge held at the time of his or her death: Provided, That the total of all such annuities payable to each such child shall not exceed in the aggregate an amount equal to forty percent of such salary. Such annuity shall continue as to each such child until: (i) He or she attains the age of eighteen years; or (ii) attains the age of twenty-three years so long as such child remains a full-time student. The Auditor shall by legislative rule establish the criteria for determining a person's status as a full-time student within the meaning and intent of this subsection. In the event there are surviving any such judge three or more dependent children, then each such child's annuity shall be proratably reduced in order that the aggregate annuity received by all such dependent children does not exceed forty percent of such salary and the amount to be so received by any such child shall continue throughout the entire period during which each such child is eligible to receive such annuity. The provisions of this subsection shall also apply to those circumstances and situations wherein a surviving spouse of a deceased judge shall die while receiving benefits pursuant to subsection (a) of this section and who shall leave surviving dependent children of such deceased judge who would be entitled to benefits under this subsection as if they had succeeded to such annuity benefits upon the death of such judge in the first instance. In the event the salary of judges is increased or decreased while an annuitant is receiving benefits pursuant to this subsection, the annuities payable shall be likewise increased or decreased proportionately to reflect such change in salary: Provided, That with respect to any individual who is appointed or elected for the first time as judge of a court of record of this state after the first day of July, two thousand five, any annuity to any children of the judge shall be calculated with respect to the judge's final average salary: Provided, however, That the child is not entitled to an increase in benefits by virtue of any increase in the salaries of the offices of circuit court judge or justice of the Supreme Court of Appeals. The annuities granted hereunder shall accrue monthly and shall be due and payable in monthly installments on the same day as surviving spouses benefits are required to be paid. Such annuities shall commence on the first day of the month in which any such dependent child becomes eligible for benefits hereunder and shall terminate on the last day of the month during which such eligibility ceases.
§51-9-6d. Adjusted annual retirement benefit calculations.
  In calculating the annual retirement benefits under section six of this article for any individual who is appointed or elected for the first time as judge of a court of record of this state after the first day of July, two thousand five, the judge shall receive retirement benefits in an amount equal to seventy-five percent of the individual's final average salary. The individual is not entitled to an increase in benefits by virtue of any increase in the salaries of the offices of circuit court judge or justice of the Supreme Court of Appeals.
§51-9-7. Ineligibility to receive pay or benefits.
  A judge who retires under the provisions of any section of this article and accepts the pay or benefits payable under this article shall, not while receiving said pay or benefits, be permitted to hold any public office or trust for which he the judge receives compensation from the State of West Virginia. If, after retirement under the provisions of this article, a judge is elected or appointed to any public office or trust for which he or she receives any salary or other compensation from the State of West Virginia, his pay or benefits under this article shall be suspended for such time only as he shall occupy such office or trust the retired judge is not eligible to participate in any other pension plan maintained by the State of West Virginia, nor accrue additional years of credited service under this system or any other state pension system. A judge who retires because of disability and accepts the pay or benefits payable under this article because of his or her disability shall not, while receiving said pay or benefits because of his or her disability, be permitted to practice law. If, after disability retirement under the provisions of this article and while receiving pay or benefits payable under said article because of his or her disability, he or she shall enter the practice of law, his or her pay or benefits under this article because of his or her disability shall be suspended for such time only as he or she shall be engaged in the practice of law."
  The bill was then ordered to third reading.
  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. 795), and there were--yeas 88, nays 3, absent and not voting 9, with the nays and absent and not voting being as follows:
  Nays: Hrutkay, Hunt and Thompson, Rick.
  Absent and Not Voting: Azinger, Caputo, Ferrell, Fragale, Howard, Leggett, Morgan, Schadler and Wakim.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 3010) passed.
   On motion of Delegate Stalnaker, the title of the bill was amended to read as follows:
  S. B. 3010 - "A Bill to amend and reenact §51-9-1a, §51-9-4, §51-9-6, §51-9-6a, §51-9-6b and §51-9-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §51-9-6d, all relating generally to the judicial retirement system; increasing the contribution rate for judges and justices effective the first day of July, two thousand five, consistent with the salary increase granted to judges and justices of courts of record during the two thousand five regular legislative session; providing that judges and justices appointed or elected for the first time as judge of a court of record after the first day of July, two thousand five, must have served fourteen years as a sitting judge to receive annual retirement benefits; changing the annual benefit calculations and retirement qualifications for all judges and justices appointed or elected for the first time as judge of a court of record after the first day of July, two thousand five; changing the annual benefit calculations for the spouses and children of all judges and justices appointed or elected for the first time as judge of a court of record after the first day of July, two thousand five; clarifying the ability of judges and justices to use prosecutorial service as qualifying service; providing that retired judges and justices may hold a public office or trust for compensation from the State of West Virginia; and providing that retired judges and justices are ineligible to participate in any other pension plan maintained by the State of West Virginia."
  Delegate Staton moved that the bill take effect July 1, 2005.
  On this question, the yeas and nays were taken (Roll No. 796), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
  Nays: Hrutkay.
  Absent and Not Voting: Azinger, Ferrell, Fragale, Howard, Leggett, Morgan, Schadler and Wakim.
   Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
  The House then proceeded to further consideration of S. B. 3008, Relating to municipal taxes and pension and relief fund plans for policemen and firemen; other provisions; having been reported in earlier proceedings and postponed until this time.
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 3008) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
  Delegate Staton 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. 797), and there were--yeas 89, nays 3, absent and not voting 8, with the nays and absent and not voting being as follows:
  Nays: Frich, Lane and Spencer.
  Absent and Not Voting: Azinger, Ferrell, Fragale, Howard, Leggett, Morgan, Schadler and Wakim.
  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.
  The House then proceeded to further consideration of S. B. 3003, Providing for subsidization of incremental adjustments of certain Public Employees Insurance Agency premiums, having been reported in earlier proceedings and postponed until this time.
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 3003) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
  Delegate Staton 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. 798), and there were--yeas 90, nays 1, absent and not voting 9, with the nays and absent and not voting being as follows:
  Nays: Lane.
  Absent and Not Voting: Azinger, Ferrell, Fragale, Howard, Leggett, Michael, Morgan, Schadler and Wakim.
  So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
  On motion of Delegate Sumner, Mr. Speaker, Mr. Kiss, and Delegates Staton, Varner, Michael, Amores, Campbell, Beane, Leach, Browning, Mahan, Kominar, Pino, Rick Thompson, Susman, Cann, Hall, Perdue, Porter, Schoen, Tansill, Louisos, Roberts, Marshall, Iaquinta, Miley, Rowan, Barker, Hamilton, Border, Evans, Stevens, DeLong, Spencer, Walters, Sobonya, Caputo, Manchin, Longstreth, Martin, Paxton, Blair, Anderson, Armstead, Ashley, Azinger, Canterbury, Carmichael, Evans, Frich, Overington and Moore move to amend the bill on page seven, section five, line ten, after the word "salary", by striking the period and inserting in lieu thereof the following:
": Provided further, That for the period beginning the first day of July, two thousand five, through the thirty-first day of December, two thousand five, in lieu of an increase in costs to retired state pool employees, such funds as are necessary to subsidize any increase in costs to retired state pool employees shall be transferred from the reserve fund established in section twenty-five of this article into the fund in the State Treasury of the Public Employees Insurance Agency."
The bill was then ordered to third reading.     

  The bill was then read a third time and put upon its passage.
  Numerous delegates requested to be excused from voting on the passage of the bill, stating either they or their spouse were covered under PEIA. Those making the request were Delegates Anderson, Argento, Ashley, Barker, Browning, Crosier, Doyle, Duke, Ellem, Ennis, Evans, Hall, Hatfield, Hrutkay, Hunt, Iaquinta, Long, Louisos, Marshall, Perry, Pethtel, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Spencer, Stalnaker, Staton, Stephens, Sumner, Susman, Tabb, Talbott, Thompson (Rick), Trump, Varner, Walters, Webster, White (H. K.), Williams, Wysong and Mr. Speaker, Mr. Kiss.
  The Speaker refused to excuse the members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that the members demonstrated no direct personal or pecuniary interest therein.
  This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non- reviewable Constitutional authority, and shall be binding in all other potential venues.
  The question being on the passage of the bill, the yeas and nays were taken (Roll No. 799), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
  Absent and Not Voting: Azinger, Ferrell, Fragale, Howard, Leggett, Morgan, Schadler and Wakim.
  So a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 3003) passed.
  On motion of Mr. Speaker, Mr. Kiss, the title of the bill was amended to read as follows:
  S. B. 3003--"A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended; relating generally to the subsidization of active and retired State pool employees' public employees insurance premiums; authorizing subsidization of a portion of the aggregate cost-sharing percentages of premium between employers and active employees for a limited period by use of certain insurance policy surcharges; and authorizing subsidization of incremental costs for retired state pool employees from a reserve fund of the Public Employees Insurance Agency."
  Delegate Staton moved that the bill take effect July 8, 2005.
  On this question, the yeas and nays were taken (Roll No. 800), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
  Absent and Not Voting: Azinger, Ferrell, Fragale, Howard, Leggett, Morgan, Schadler and Wakim.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3003) takes effect July 8, 2005.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
  The House then proceeded to further consideration of S. B. 3008, Relating to judicial retirement system; having been read a second time in earlier proceedings.
   Delegate Stalnaker, Mr. Speaker, Mr. Kiss, and Delegates Staton, Varner, Michael and Amores moved to amend the bill on page five, section one, following line thirteen, by inserting a new subsection (o) to read as follows:
  "(o)No amendment to this article enacted during the third extraordinary session of the Legislature held during calendar year two thousand five may be interpreted or construed to allow a municipality to adopt by ordinance a sales or use tax, by whatever name called, that imposes either tax prior to the first day of July, two thousand eight.".
  On page six, section nine, following line fourteen, by inserting a new subdivision (1) to read as follows:
  "(1) The municipality fails to annually fund, at a minimum, all normal costs of the qualifying municipality's policemen's and firemen's pension and relief funds as determined by the consulting actuary as provided under section twenty-a, article twenty-two of this chapter", followed by a semicolon and the word "or" and by redesignating the remaining subdivisions of subsection (b).
  On page ten, section fourteen, line fifteen, following the word "purpose" and the semicolon, by striking out the word "and".
  On page ten, section fourteen, line twenty, following the word "purpose" and the semicolon, by inserting the word "and", and a new paragraph (C) to read as follows:
  "(C) Notwithstanding any other provision of this code to the contrary, the proceeds of the bonds or refunding bonds shall be invested with the West Virginia investment management board established under the provisions of article six, chapter twelve of this code.".
  On page fourteen, section fourteen, line twenty, following the words "also establish", by inserting a comma and the words "by ordinance", followed by a comma.
  And,
  On page fifteen, section fourteen, following line sixteen, by inserting a new subsection (g) to read as follows:
  "(g) Bonds and refunding bonds issued pursuant to the authority provided by this section shall never constitute a direct and general obligation of the state of West Virginia and the full faith and credit of the state is not pledged to secure the payment of the principal and interest of such bonds. Bonds and refunding bonds issued under this section shall state on their face that the bonds or bonds do not constitute a debt of the state of West Virginia and that payment of the bonds, interest and charges thereon cannot become an obligation of the state of West Virginia.".
  Delegates Rick Thompson and Perdue requested the Clerk to record them as voting "Nay" on the adoption of the foregoing amendment.
  The bill was then ordered to third reading.
  The bill was then read a third time and put upon its passage.
  The question being the passage of the bill, the yeas and nays were taken (Roll No. 801), and there were--yeas 89, nays 3, absent and not voting 8, with the nays and absent and not voting being as follows:
  Nays: Hrutkay, Spencer and Thompson, Rick.
  Absent and Not Voting: Azinger, Ferrell, Fragale, Howard, Leggett, Morgan, Schadler and Wakim.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 3008) passed.
  On motion of Delegate Stalnaker, the title of the bill was amended to read as follows:
  S. B. 3008 - "A Bill to amend and reenact §8-13C-1 and §8-13C-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8- 13C-14, all relating to the use of proceeds from a pension relief municipal occupational tax, a pension relief municipal sales and service tax and a pension relief municipal use tax; providing that amendments shall not be construed to allow certain taxes; providing circumstances under which a municipality loses authority to impose certain taxes; authorizing a qualifying municipality, subject to meeting certain requirements, to close its existing pension and relief fund plan for policemen and firemen to those hired after a future date; authorizing a qualifying municipality, subject to meeting certain requirements, to establish a defined contribution plan for policemen and firemen hired on and after the future date; authorizing a qualifying municipality, subject to meeting certain requirements, to issue revenue bonds for the purpose of eliminating the unfunded actuarial accrued liability of the existing pension and relief fund plan for policemen and firemen and to issue refunding bonds issued to refund, in whole or in part, bonds issued for that purpose; requiring that certain disability and health benefits be provided; and providing for expiration of authority granted by this enactment."
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 802), and there were--yeas 90, nays 2, absent and not voting 8, with the nays and absent and not voting being as follows:
  Nays: Hrutkay and Thompson, Rick.
  Absent and Not Voting: Azinger, Ferrell, Fragale, Howard, Leggett, Morgan, Schadler and Wakim.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3008) takes effect from its passage.
  At 6:55 p.m., on motion of Delegate Staton, the House of Delegates recessed until 7:00 p.m., and reconvened at that time.
  On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had completed the business of this the Third Extraordinary Session of the Seventy-seventh Legislature and was ready to adjourn sine die.
  Whereupon,
  The Speaker appointed as members of such committee the following:
  Delegates Staton, Pino and Trump.
  On motion of Delegate Staton, 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 the following:
  Delegates Staton, Pino and Trump.
Messages from the Senate

A message from the Senate, by

  Senators Jenkins, Minard and Guills, announced that the Senate had completed the business of this Third Extraordinary Session and was ready to adjourn sine die.
  Delegate Staton, from the committee to notify the Senate of impending sine die adjournment, announced that the committee had performed that duty.
  Delegate Staton, from the committee to inform his Excellency, the Governor, that the Legislature had completed the business of this Third Extraordinary Session and was ready to adjourn sine die, announced the performance of that duty.
Leaves of Absence

  At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Azinger, Ferrell, Fragale, Howard, Leggett, Morgan, Schadler and Wakim.
  At the request of Delegate Browning, 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 Browning filed reports of the Joint Committee on Enrolled Bills as follows:
May 23, 2005


  (S. B. 3004), Supplementing and amending items from General Revenue to Governor's Office, Governor's Cabinet on Children and Families,
  (S. B. 3005), Supplementing, amending, reducing and increasing items from General Revenue to Department of Administration, Office of Secretary, and Department of Revenue, State Budget Office,
  (S. B. 3006), Making supplementary appropriation to Department of Environmental Protection, Litter Control Fund,
  And,
  (S. B. 3007), Making supplementary appropriation to Department of Military Affairs and Public Safety, State Police.
May 25, 2005

  (S. B. 3001), Relating to salaries of certain state officers,
  (S. B. 3002), Repealing section relating to recycling assessment fee on disposal of solid waste,
  (S. B. 3003), Providing for subsidization of incremental adjustments of certain Public Employees Insurance Agency premiums,
  (S. B. No. 3008), Relating to municipal taxes and pension and relief fund plans for policemen and firemen; other provisions,
  (Com. Sub. for S. B. No. 3009), Eliminating Employee and Insurance Services Division of Department of Administration,
  And,
  (Com. Sub. for S. B. No. 3010), Relating to judicial retirement system.
Messages from the Senate

  A message from the Senate, by
  Senators Jenkins, Minard and Guills, announced that the Senate had completed the business of this Third Extraordinary Session and was ready to adjourn sine die.
  Delegate Staton, from the committee to notify the Senate of impending sine die adjournment, announced that the committee had performed that duty.
  Delegate Staton, from the committee to inform His Excellency, the Governor, that the Legislature had completed the business of this Third 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 May 23, 2005, he approved S.B.3004, S. B. 3005, S. B. 3006, and S. B. 3007; and on May 26, 2005, he approved S. B. 3001, S. B. 3002, S. B. 3003, S. B. 3008, S. B. 3009 and Com. Sub. for S. B. 3010.
  There being no further business to come before the House, at 7:18 p.m., on motion of Delegate Staton, the House adjourned sine die.