WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
FOURTH EXTRAORDINARY SESSION, 2005
FIRST DAY
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Charleston, W. Va., Wednesday, September 7, 2005
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the sixth day of September,
two thousand five, convening the seventy-seventh Legislature of
West Virginia in extraordinary session today (Wednesday, September
7, 2005), under the provisions of section seven, article seven of
the Constitution of West Virginia, the Senate assembled in its
chamber in the state capitol in the City of Charleston at 12
o'clock Noon, and was called to order by its President, the
Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.
On the call of the roll, the following answered to their
names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem,
Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamations from His Excellency, the Governor,
convening the Legislature in extraordinary session, which was read
by the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority vested in me by Section 7, Article VII of
the Constitution of West Virginia, do hereby call the Legislature
of West Virginia to convene in Extraordinary Session at twelve
o'clock noon on the seventh day of September, two thousand five, in
its chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:
FIRST: A supplementary appropriation bill to make
additional appropriations to fund the unfunded liabilities of the State Teachers Retirement System and the Public Safety Death,
Disability and Retirement System.
SECOND: Legislation relating to the salaries of certain
state officials, state employees, county officials and county
employees.
THIRD: Legislation reducing the rate of consumers sales and
service tax and use tax on the sale, purchase and use of food and
food ingredients intended for human consumption by an amount not to
exceed one percent of the "sales price" as defined in subdivision
(35), subsection (b), section two, article fifteen-b, chapter
eleven of the Code of West Virginia.
FOURTH: Legislation prohibiting employers and other persons
from improperly evading unemployment compensation taxes and
modifying certain exclusions from the definition of employment for
unemployment compensation purposes.
FIFTH: Legislation including primary elections among those
elections during which additional levy elections may be conducted.
SIXTH: Legislation authorizing department secretaries to
effectuate interdepartmental transfers of employees and the assets
necessary to support such employees.
SEVENTH: Legislation relating generally to legal holidays.
EIGHTH: Legislation to provide for a technical correction to
section twelve, article two-a, chapter fifteen of the Code of West Virginia, relating to benefits provided under the West Virginia
State Police Retirement System for spouses and children of state
troopers who die in the line of duty.
NINTH: Legislation relating generally to the proposed
merger of the Teachers Defined Contribution Retirement System and
the State Teachers Retirement System.
TENTH: Legislation relating to horse and dog racetracks
that: (1) Requires both West Virginia horse racetracks to
participate in West Virginia Thoroughbred Development Fund and to
have thoroughbred development programs in place by specified date;
(2) provides for both horse racetracks to be treated alike under
certain other provisions of article twenty-three, chapter nineteen
of the Code; and (3) amends subdivision (9), subsection (a),
section ten-b, article twenty-two-a, chapter twenty-nine of the
Code by making technical corrections and providing for reversion of
racetrack video lottery excess net terminal income diverted from
the racetrack purse funds to workers' compensation debt reduction
fund pursuant to Enrolled Senate Bill No. 1004, which took effect
January 29, 2005, to revert to racetrack purse after a total amount
of eleven million dollars of net terminal income and excess net
terminal income has been diverted each fiscal year from the purse
funds to the workers' compensation debt reduction fund and for such
diversions to cease altogether once certain conditions are satisfied.
ELEVENTH: Legislation relating to: Election receipts and
expenditures and to the requirements for reporting independent
expenditures; disclosure of electioneering communications; written
designation requirements for treasurers of political action
committees and financial agents of candidates; filing of financial
statements as required by the provisions of article eight, chapter
three of the Code of West Virginia; prohibition on corporate
contributions to candidates, financial agents, political committees
or other persons; and limiting contributions to political action
committees and political organizations.
TWELFTH: Certain supplementary appropriation bills.
THIRTEENTH: Certain resolutions.
FOURTEENTH: Legislation relating to audits of persons
receiving state funds or state grants.
FIFTEENTH: Legislation relating to the type of interest
rates and number of series of workers' compensation debt reduction
revenue bonds and permitting for the use of derivative products to
reduce debt service costs, manage interest rate exposure and
provide other financial benefits; providing that the Governor, in
issuing the proclamation issued pursuant to section eleven, article
two-c, chapter twenty-three of the Code of West Virginia, shall
specify the portion of funds transferring to the company in the new fund that shall be subject to terms of a surplus note or other loan
arrangement and that such surplus note or other loan arrangement
shall be approved by the Insurance Commissioner.
SIXTEENTH: Legislation to authorize and appropriate the
expenditure of public moneys to pay the expenses of this
extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, this the sixth day of
September, in the year of our
Lord, Two Thousand Five, and in
the One Hundred Forty-Third year
of the State.
JOE MANCHIN III,
Governor.
By the Governor:
BETTY IRELAND,
Secretary of State.
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority vested in me by Section 7, Article VII of
the Constitution of West Virginia, do hereby AMEND my proclamation
dated the sixth day of September, two thousand five, calling the
Legislature of West Virginia to convene in Extraordinary Session at
twelve o'clock noon on the seventh day of September, two thousand
five, in its chambers in the State Capitol, City of Charleston, as
follows:
THIRTEENTH: Certain ceremonial resolutions.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, this the seventh day of
September, in the year of our
Lord, Two Thousand Five, and in
the One Hundred Forty-Third year
of the State.
JOE MANCHIN III,
Governor.
/
The roll being taken, the yeas were: Bailey, Bowman, Caruth,
Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills,
Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe, Minard,
Minear, Prezioso, Sharpe, Unger, Weeks, White and Tomblin (Mr.
President)--25.
The nays were: Barnes, Deem, Hunter, McKenzie, Oliverio,
Sprouse and Yoder--7.
Absent: Boley and Plymale--2.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's motion had
prevailed.
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Thursday, September 8, 2005, at 11 a.m.
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