WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
THIRD EXTRAORDINARY SESSION, 2005
SECOND DAY
____________
Charleston, W. Va., Tuesday, May 17, 2005
The Senate met at 1 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.
Pending the reading of the Journal of Monday, May 16, 2005,
On motion of Senator Bailey, the Journal was approved and the
further reading thereof dispensed with.
Senator Tomblin (Mr. President) presented a communication from
the Department of Health and Human Resources, submitting its annual
report of the Family Support Program, in accordance with chapter
forty-nine, article four-a, section five of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 3001, Relating to salaries of certain state officers.
Now on second reading, having been read a first time and
referred to the Committee on Finance on May 16, 2005;
Senate Bill No. 3002, Repealing section relating to recycling
assessment fee on disposal of solid waste.
Now on second reading, having been read a first time and
referred to the Committee on Finance on May 16, 2005;
Senate Bill No. 3004, Supplementing and amending items from
General Revenue to Governor's Office, Governor's Cabinet on
Children and Families.
Now on second reading, having been read a first time and
referred to the Committee on Finance on May 16, 2005;
Senate Bill No. 3005, Supplementing, amending, reducing and
increasing items from General Revenue to Department of
Administration, Office of Secretary, and Department of Revenue,
State Budget Office.
Now on second reading, having been read a first time and
referred to the Committee on Finance on May 16, 2005;
Senate Bill No. 3006, Making supplementary appropriation to
Department of Environmental Protection, Litter Control Fund.
Now on second reading, having been read a first time and
referred to the Committee on Finance on May 16, 2005;
And,
Senate Bill No. 3007, Making supplementary appropriation to
Department of Military Affairs and Public Safety, State Police.
Now on second reading, having been read a first time and referred to the Committee on Finance on May 16, 2005;
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 3001 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
Engrossed Senate Bill No. 3001 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Foster, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: Facemyer, Guills and Sprouse--3.
Absent: White--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3001) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Foster,
Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: Facemyer, Guills and Sprouse--3.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3001) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 3002 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
Engrossed Senate Bill No. 3002 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: White--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3002) passed with its title.
Senator Chafin moved that the bill take effect July 9, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3002) takes effect July 9, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 3004 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
Engrossed Senate Bill No. 3004 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: White--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3004) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 3004) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 3005 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
Engrossed Senate Bill No. 3005 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3005) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3005) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 3006 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
Engrossed Senate Bill No. 3006 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: White--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3006) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3006) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 3007 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
Engrossed Senate Bill No. 3007 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Foster,
Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Unger, Yoder and Tomblin (Mr. President)--28.
The nays were: Barnes, Facemyer, Guills, Sprouse and
Weeks--5.
Absent: White--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3007) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Foster, Harrison,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Yoder
and Tomblin (Mr. President)--28.
The nays were: Barnes, Facemyer, Guills, Sprouse and
Weeks--5.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3007) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 3003, Providing for subsidization of
incremental adjustments of certain Public Employees Insurance
Agency premiums.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on May 16, 2005;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 3003) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
Engrossed Senate Bill No. 3003 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: White--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3003) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 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, and the thirty-first day of
December, two thousand five.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3003) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 3008, Relating to municipal taxes and pension
and relief fund plans for policemen and firemen; other provisions.
Now on second reading, having been read a first time and
referred to the Committee on Finance on May 16, 2005;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 3008) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
Engrossed Senate Bill No. 3008 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: White--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3008) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3008) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 302, Authorizing issuance of
up to $375 million of refunding bonds pursuant to Safe Roads Amendment of 1996.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 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.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the resolution (Com. Sub. for S. C. R. No. 302) contained
in the preceding report from the Committee on Finance was taken up
for immediate consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 301, Requesting Base Realignment and Closure Commission reject recommendation to close
certain military facilities in state.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 3009, Eliminating Employee and
Insurance Services Division of Department of Administration.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: White--1.
Engrossed Committee Substitute for Senate Bill No. 3009 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: White--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 3009) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: White--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 3009) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 3010, Relating to judicial retirement system.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 3010 (originating in the
Committee on Finance)--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 two new sections, designated §51-9-6d and §51-9-6e, all
relating generally to the judicial retirement system; increasing
the contribution rate for judges and justices serving as of the
first day of July, two thousand five, from nine percent to thirteen
percent for judges and justices from the first day of July, two
thousand five, until the thirtieth day of June, two thousand ten,
consistent with the salary increase granted during the two thousand
five regular legislative session; exempting circuit judges and
Supreme Court Justices who have been eligible to retire with unreduced maximum retirement benefits on or after the first day of
July, two thousand five, from further contributions to the
retirement plan while continuing to serve; 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, who
have not previously served as a judge of any court, must have
served fourteen years as a sitting judge to receive annual
retirement benefits; ensuring compliance with anticipated bond
covenants by requiring moneys budgeted by the Supreme Court of
Appeals for judges' and justices' retirement contributions to be
expended solely for that purpose; 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,
with no prior service as a judge of a court of record; 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, with no prior service as a judge of a court of
record; 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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 3010) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks and
Tomblin (Mr. President)--32.
The nays were: None.
Absent: White and Yoder--2.
The bill (Com. Sub. for S. B. No. 3010) was then read a second
time.
On motion of Senator Barnes, the following amendment to the
bill was reported by the Clerk:
On page three, after the enacting section, by inserting the
following:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-10a. Salary of justices.
The salary of each of the Justices of the Supreme Court of
Appeals shall be ninety-five thousand dollars per year. :
Provided, That beginning the first day of July, two thousand five,
the salary of each of the Justices of the Supreme Court shall be
one hundred twenty-one thousand dollars per year.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-13. Salaries of judges of circuit courts.
The salaries of the judges of the various circuit courts shall
be paid solely out of the State Treasury. No county, county
commission, board of commissioners or other political subdivision
shall supplement or add to such salaries.
The annual salary of all circuit judges shall be ninety
thousand dollars per year. : Provided, That beginning the first
day of July, two thousand five, the annual salary of all circuit
judges shall be one hundred sixteen thousand dollars per year.
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and
their staffs.
(a) A family court judge is entitled to receive as
compensation for his or her services an annual salary of sixty-two
thousand five hundred dollars. : Provided, That beginning the first
day of July, two thousand five, a family court judge is entitled to
receive as compensation for his or her services an annual salary of
eighty-two thousand five hundred dollars.
(b) The secretary-clerk of the family court judge is appointed
by the family court judge and serves at his or her will and pleasure. The secretary-clerk of the family court judge is entitled
to receive an annual salary of twenty-five thousand three hundred
thirty-two dollars. In addition, any person employed as a
secretary-clerk to a family court judge on the effective date of
the enactment of this section during the sixth extraordinary
session of the Legislature in the year two thousand one who is
receiving an additional five hundred dollars per year up to ten
years of a certain period of prior employment under the provisions
of the prior enactment of section eight of this article during the
second extraordinary session of the Legislature in the year one
thousand nine hundred ninety-nine shall continue to receive such
additional amount. Further, the secretary-clerk will receive such
percentage or proportional salary increases as may be provided by
general law for other public employees and is entitled to receive
the annual incremental salary increase as provided in article five,
chapter five of this code.
(c) The family court judge may employ not more than one family
case coordinator who serves at his or her will and pleasure. The
annual salary of the family case coordinator of the family court
judge shall be established by the Administrative Director of the
Supreme Court of Appeals but may not exceed thirty-six thousand
sixty dollars. The family case coordinator will receive such
percentage or proportional salary increases as may be provided by
general law for other public employees and is entitled to receive
the annual incremental salary increase as provided in article five,
chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as
a bailiff for a family court judge. The sheriff of each county
shall serve or designate persons to serve so as to assure that a
bailiff is available when a family court judge determines the same
is necessary for the orderly and efficient conduct of the business
of the family court.
(e) Disbursement of salaries for family court judges and
members of their staffs are made by or pursuant to the order of the
Director of the Administrative Office of the Supreme Court of
Appeals.
(f) Family court judges and members of their staffs are
allowed their actual and necessary expenses incurred in the
performance of their duties. The expenses and compensation will be
determined and paid by the Director of the Administrative Office of
the Supreme Court of Appeals under such guidelines as he or she may
prescribe, as approved by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family court
judges are not eligible to participate in the retirement system for
judges under the provisions of article nine of this chapter.
Senator Chafin arose to a point of order that the amendment
offered by Senator Barnes to the bill (Com. Sub. for S. B. No.
3010) was out of order, in accordance with article VII, section
seven of the Constitution which states in part ". . . the
Legislature . . . shall enter upon no business except that stated
in the proclamation by which it was called together."
Which point of order, the President ruled well taken.
On motion of Senator Barnes, the following amendment to the
bill was next reported by the Clerk:
On page three, after the enacting section, by inserting the
following:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§50-1-3. Salaries of magistrates.
(a) The Legislature finds and declares that:
(1) The West Virginia Supreme Court of Appeals has held that
a salary system for magistrates which is based upon the population
that each magistrate serves does not violate the equal protection
clause of the Constitution of the United States;
(2) The West Virginia Supreme Court of Appeals has held that
a salary system for magistrates which is based upon the population
that each magistrate serves does not violate section thirty-nine,
article VI of the Constitution of West Virginia;
(3) The utilization of a two-tiered salary schedule for
magistrates is an equitable and rational manner by which
magistrates should be compensated for work performed;
(4) Organizing the two tiers of the salary schedule into one
tier for magistrates serving less than eight thousand four hundred
in population and the second tier for magistrates serving eight
thousand four hundred or more in population is rational and
equitable given current statistical information relating to
population and caseload; and
(5) That all magistrates who fall under the same tier should be compensated equally.
(b) The salary of each magistrate shall be paid by the state.
Magistrates who serve fewer than eight thousand four hundred in
population shall be paid annual salaries of thirty thousand six
hundred twenty-five dollars and magistrates who serve eight
thousand four hundred or more in population shall be paid annual
salaries of thirty-seven thousand dollars: Provided, That on and
after the first day of July, two thousand three, magistrates who
serve fewer than eight thousand four hundred in population shall be
paid annual salaries of thirty-three thousand six hundred twenty-
five dollars and magistrates who serve eight thousand four hundred
or more in population shall be paid annual salaries of forty
thousand dollars. : Provided, however, That on and after the first
day of July, two thousand five, magistrates who serve fewer than
eight thousand four hundred in population shall be paid annual
salaries of forty-three thousand six hundred twenty-five dollars
and magistrates who serve eight thousand four hundred or more in
population shall be paid annual salaries of fifty thousand dollars.
(c) For the purpose of determining the population served by
each magistrate, the number of magistrates authorized for each
county shall be divided into the population of each county. For the
purpose of this article, the population of each county is the
population as determined by the last preceding decennial census
taken under the authority of the United States government.
Senator Chafin arose to a point of order that the amendment
offered by Senator Barnes to the bill (Com. Sub. for S. B. No. 3010) was out of order, in accordance with article VII, section
seven of the Constitution which states in part ". . . the
Legislature . . . shall enter upon no business except that stated
in the proclamation by which it was called together."
Which point of order, the President ruled well taken.
On motion of Senator Chafin, the following amendment to the
bill was next reported by the Clerk:
On page five, section four, line eighteen, by striking out the
word "thirteen" and inserting in lieu thereof the word "eleven".
The question being on the adoption of Senator Chafin's
amendment to the bill (Com. Sub. for S. B. No. 3010), the same was
put and did not prevail.
On motion of Senator Plymale, the following amendments to the
bill were next reported by the Clerk, considered simultaneously,
and adopted:
On page eighteen, by striking out all of section six-e;
And,
On pages two and three, by striking out the enacting section
and inserting in lieu thereof a new enacting section, to read as
follows:
That §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, be amended
and reenacted; and that said code be amended by adding thereto a
new section, designated §51-9-6d, all to read as follows:.
The bill (Com. Sub. for S. B. No. 3010), as amended, was
ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 3010 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: White and Yoder--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 3010) passed.
On motion of Senator Plymale, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 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 serving as of the
first day of July, two thousand five, from nine percent to thirteen
percent for judges and justices from the first day of July, two
thousand five, until the thirtieth day of June, two thousand ten, consistent with the salary increase granted during the two thousand
five regular legislative session; exempting circuit judges and
Supreme Court Justices who have been eligible to retire with
unreduced maximum retirement benefits on or after the first day of
July, two thousand five, from further contributions to the
retirement plan while continuing to serve; 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, who
have not previously served as a judge of any court, 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, with no prior service as a
judge of a court of record; 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,
with no prior service as a judge of a court of record; 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.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: White and Yoder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 3010) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.
Night Session
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1,
2005, of
Eng. Senate Bill No. 3001, Relating to salaries of certain
state officers.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 9,
2005, of
Eng. Senate Bill No. 3002, Repealing section relating to
recycling assessment fee on disposal of solid waste.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 3004, Supplementing and amending items
from General Revenue to Governor's Office, Governor's Cabinet on
Children and Families.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 3005, Supplementing, amending, reducing
and increasing items from General Revenue to Department of
Administration, Office of Secretary, and Department of Revenue,
State Budget Office.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 3006, Making supplementary appropriation
to Department of Environmental Protection, Litter Control Fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1,
2005, of
Eng. Com. Sub. for Senate Bill No. 3009, Eliminating Employee
and Insurance Services Division of Department of Administration.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 3007, Making supplementary appropriation
to Department of Military Affairs and Public Safety, State Police.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On
page one, by striking out the following:
"WHEREAS, The Governor has established that there now remains
an unappropriated balance in the Department of Military Affairs and
Public Safety - West Virginia State Police, fund 6394, fiscal year
2005, organization 0612, available for expenditure during the
fiscal year ending the thirtieth day of June, two thousand five;
therefore
";
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 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.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 3007, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caruth, Chafin, Dempsey, Edgell, Fanning, Foster, Harrison,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Prezioso, Sharpe, Unger, Yoder and
Tomblin (Mr. President)--26.
The nays were: Barnes, Facemyer, Guills, Sprouse and
Weeks--5.
Absent: Deem, Plymale and White--3.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3007) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Dempsey, Edgell, Fanning, Foster, Harrison,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Prezioso, Sharpe, Unger, Yoder and
Tomblin (Mr. President)--26.
The nays were: Barnes, Facemyer, Guills, Sprouse and
Weeks--5.
Absent: Deem, Plymale and White--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3007) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 8, 2005, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 3003, Providing for subsidization of
incremental adjustments of certain Public Employees Insurance
Agency premiums.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On
page seven, section five, subsection (g), after the word
"salary" by changing the period to a colon and inserting the
following proviso: Provided, however, 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.;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 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.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 3003, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso,
Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Deem, Plymale and White--3.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3003) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect July 8, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Sharpe,
Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Deem, Plymale and White--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3003) takes effect July 8, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 3008, Relating to municipal taxes and
pension and relief fund plans for policemen and firemen; other
provisions.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page five, section one, after subsection (n), by inserting
a new subsection, designated 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, subsection (b), by inserting a new
subdivision, designated 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; or";
And renumbering the remaining subdivisions;
On page ten, section fourteen, subsection (b), subdivision
(5), paragraph (A), after the word "purpose;" by striking out the
word "and";
On page ten, section fourteen, subsection (b), subdivision
(5), paragraph (B),
after the word "purpose;" by inserting the
following: and
(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, subsection (c), after the words "also establish" by inserting the words "by ordinance";
On page fifteen, section fourteen, after subsection (f), by
inserting a new subsection, designated 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.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 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.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 3008, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso,
Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Deem, Plymale and White--3.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 3008) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Sharpe,
Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Deem, Plymale and White--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3008) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2005, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 3010, Relating to judicial
retirement system.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting section 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: (i) The calendar year
in which the member attains age seventy and one-half; or (ii) 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, however, 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 further, 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.
;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 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.
On motion of Senator Helmick, the Senate concurred in the
House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 3010, as
amended by the House of Delegates, was then put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 3010
pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Dempsey, Edgell, Facemyer, Fanning, Foster,
Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Oliverio, Prezioso, Sharpe, Unger, Weeks and
Tomblin (Mr. President)--26.
The nays were: Chafin, Guills, Minear, Sprouse and Yoder--5.
Absent: Deem, Plymale and White--3.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 3010) passed with its House of Delegates
amended title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Dempsey, Edgell, Facemyer, Fanning, Foster, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Oliverio, Prezioso, Sharpe, Unger, Weeks and
Tomblin (Mr. President)--26.
The nays were: Chafin, Guills, Minear, Sprouse and Yoder--5.
Absent: Deem, Plymale and White--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 3010) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Thereafter, at the request of Senator Sprouse, and by
unanimous consent, the remarks by Senator Minear regarding the
passage of Engrossed Committee Substitute for Senate Bill No. 3010
were ordered printed in the Appendix to the Journal.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 301, Requesting Base
Realignment and Closure Commission reject recommendation to close
certain military facilities in state.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 302, Authorizing issuance of
up to $375 million of refunding bonds pursuant to Safe Roads
Amendment of 1996.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Hunter and Barnes.
Thereafter, at the request of Senator Sprouse, unanimous
consent being granted, the remarks by Senator Barnes were ordered
printed in the Appendix to the Journal.
Senator Chafin offered the following pre-adjournment
resolution:
Senate Resolution No. 303--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to notify the House of Delegates that the Senate has
completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:
Senators Jenkins, Minard and Guills.
Subsequently, Senator Jenkins reported that the duties
assigned by Senate Resolution No. 303 had been performed.
Thereafter, a three-member delegation from the House of
Delegates, namely
Delegates Staton, Pino and Trump, announced that that body
also had completed its labors and was ready to adjourn sine die.
Senator Chafin then offered the following resolution:
Senate Resolution No. 304--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to join with a similar committee of the House of Delegates to
notify His Excellency, the Governor, that the Legislature has
completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Under the provisions of the foregoing resolution, Senator
Tomblin (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate was ready to adjourn:
Senators Sharpe, Fanning and Boley.
Delegates Staton, Pino and Trump, then announced that they had
been appointed by that body to join with the similar committee
named by the Senate to wait upon His Excellency and were ready to
proceed with this assignment.
Senators Sharpe, Fanning and Boley, comprising the Senate
committee, then joined the House committee and proceeded to the
executive offices to notify His Excellency, the Governor, of
imminent adjournment of this extraordinary session of the
Legislature.
Subsequently, Senator Sharpe, from the joint select committee
to notify His Excellency, the Governor, that the Legislature had
completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by
the President. Senator Sharpe then reported this mission
accomplished.
At the request of Senator Chafin, unanimous consent being
granted, the Joint Committee on Enrolled Bills was granted
permission, after it has 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 third
extraordinary session of the seventy-seventh Legislature in the
year two thousand five, to file its reports with the Clerk and that
the same be included in the Journal of the last day of the session;
and also, that any communications from His Excellency, the
Governor, as to his action on bills after adjournment of the
session, be included in the Journal.
In accordance with the foregoing unanimous consent agreement,
the following reports of the Joint Committee on Enrolled Bills were
filed as follows:
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 23rd day of May, 2005, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 3004), Supplementing and amending items from
General Revenue to Governor's Office, Governor's Cabinet on Children and Families.
(S. B. No. 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. No. 3006), Making supplementary appropriation to
Department of Environmental Protection, Litter Control Fund.
And,
(S. B. No. 3007), Making supplementary appropriation to
Department of Military Affairs and Public Safety, West Virginia
State Police.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 25th day of May, 2005, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 3001), Relating to salaries of certain state
officers.
(S. B. No. 3002), Repealing section relating to recycling assessment fee on disposal of solid waste.
(S. B. No. 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.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency,
the Governor, advising that on May 23, 2005, he had approved Enr.
Senate Bill No. 3004, Enr. Senate Bill No. 3005, Enr. Senate Bill
No. 3006 and Enr. Senate Bill No. 3007; and on May 26, 2005, he had
approved Enr. Senate Bill No. 3001, Enr. Senate Bill No. 3002, Enr.
Senate Bill No. 3003, Enr. Senate Bill No. 3008, Enr. Committee Substitute for Senate Bill No. 3009 and Enr. Committee Substitute
for Senate Bill No. 3010.
On motion of Senator Chafin, the third extraordinary session
of the Senate in the year two thousand five adjourned sine die.
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