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Saturday, March, 18, 2006


The House of Delegates met at 10:30 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, March 17, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Messages from the Executive
The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 17, 2006
Veto Message
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4172.
Enrolled Committee Substitute for House Bill No. 4172 authorizes the promulgation of certain legislative rules by the Department of Administration. Unfortunately, I must object to this Bill because its proposed title does not fully indicate the amendments made throughout the body of the Bill, in particular section one, article one, chapter sixty-four. Accordingly, I find the title inconsistent with the substance of the Bill so as to render the Bill constitutionally defective. For this reason, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and any other erroneous designations and return the Bill for approval.
With warmest regards,
Joe Manchin III
Governor.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates proceeded to reconsider the bill (Enr. Com. Sub. for H. B. 4172), in an effort to meet the objections of the Governor.
The Speaker propounded "Shall the bill pass, in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 675), and there were - yeas 79, nays 11, absent and not voting 10, with the yeas, nays and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Argento, Ashley, Azinger, Barker, Beane, Blair, Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Eldridge, Ellem, Ennis, Evans, Fragale, Hall, Hamilton, Hartman, Hatfield, Howard, Hrutkay, Hunt, Kominar, Leach, Leggett, Longstreth, Louisos, Mahan, Marshall, Martin, Michael, Moore, Morgan, Palumbo, Paxton, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen, Stalnaker, Staton, Stemple, Stephens, Susman, Swartzmiller, Tabb, Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Webster, Wells, G. White, H. White, Williams, Wysong and Yost.
Nays: Armstead, Border, Duke, Frich, Lane, Overington, Sobonya, Spencer, Stevens, Sumner and Walters.
Absent and Not Voting: Beach, Ferrell, Frederick, Houston, Iaquinta, Long, Manchin, Miley, Perdue and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for H. B. 4172) passed, as a result of the objections of the Governor.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
Enr. Com. Sub. for H. B. 4172 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Administration and the procedures relating thereto legislative mandate or authorization; the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; and disapproving certain rules; authorizing the Department of Administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing the Department of Administration to promulgate a legislative rule relating to selecting design-builders under the Design Build Procurement Act; disapproving promulgation of a rule by the Department of Administration relating to cannibalization of state property; disapproving promulgation of a rule by the Department of Administration relating to waste disposal of state property; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeals; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Defined Benefit Plan; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; authorizing the Ethics Commission to promulgate a legislative rule relating to the Commission; authorizing the Ethics Commission to promulgate a legislative rule relating to complaints, investigations and hearings; authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying; authorizing the Ethics Commission to promulgate a legislative rule relating to a code of conduct for administrative law judges; authorizing the Ethics Commission to promulgate a legislative rule relating to the filing of verified time records; authorizing the Ethics Commission to promulgate a legislative rule relating to compliance audits; and authorizing the Ethics Commission to promulgate a legislative rule relating to ethics training requirements for designated public officials."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 676), and there were--yeas 84, nays 5, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Armstead, Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Beach, Ferrell, Frederick, Houston, Iaquinta, Leggett, Long, Manchin, Miley, Perdue and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for H. B. 4172) takes effect from its passage.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that, upon reconsideration the Senate had again passed, to take effect January 1, 2007, notwithstanding the objections of the Governor, and requested the concurrence of the House of Delegates in the same, as to
Enr. S. B. 370, Creating personal property tax exemption for certain property used exclusively in agriculture.
Messages from the Executive
The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 15, 2006
The Honorable Robert. S. Kiss, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 370.
Similar to Enrolled Senate Bill No. 741 passed last year, Enrolled Senate Bill No. 370 provides an exemption from taxation for personal property, including livestock, employed exclusively in agriculture. I must object to this bill because its proposed title and enacting section do not reflect the amendments it purports to make to the Acts of the Legislature. The title of the bill states the exemption applies to personal property owned by the agricultural producer; however, the actual language of the bill does not require that the property be owned by the agricultural producer. Accordingly, I find the title and enacting section inconsistent with the substance of the bill so as to render the bill constitutionally defective. Additionally, consideration of this sort of tax exemption should be evaluated within the confines of a broader evaluation of our entire tax system, an evaluation that I intend to undertake in the coming months.
For these reasons, I must veto this legislation.
With warmest regards,
Joe Manchin III,
Governor.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates proceeded to reconsider the bill (Enr. S. B. 370), notwithstanding the objections of the Governor.
The Speaker propounded "Shall the bill pass, notwithstanding the objections of the Governor?"
Delegates Azinger, Blair, Border, DeLong, Evans, Hamilton, Michael, Overington, Paxton, Perdue, Poling, Proudfoot, Stemple, Susman, Swartzmiller, Tabb, Talbott, Rick Thompson, Tucker, Walters and Williams requested to be excused from voting on the passage of Enr. S. B. 370 under the provisions of House Rule 49.
The Speaker stated that the foregoing members were of a class of persons to be affected by the passage of the bill and refused to excuse them from voting thereon.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non- reviewable Constitutional authority, and shall be binding in all other potential venues.
On this question, the yeas and nays were taken (Roll No. 677), and there were - yeas 87, nays none, absent and not voting 13, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beane, Blair, Boggs, Border, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Eldridge, Ellem, Ennis, Evans, Fragale, Frich, Hall, Hamilton, Hartman, Hatfield, Howard, Hrutkay, Hunt, Kominar, Lane, Leggett, Longstreth, Louisos, Mahan, Martin, Michael, Moore, Overington, Palumbo, Paxton, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Walters, Webster, Wells, G. White, H. White, Williams, Wysong and Yost.
Nays: None.
Absent and Not Voting: Beach, Brown, Ferrell, Frederick, Houston, Iaquinta, Leach, Long, Manchin, Miley, Morgan, Perdue and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. S. B. 370) passed, notwithstanding the objections of the Governor.
Delegate Staton moved that the bill take effect January 1, 2007.
On this question, the yeas and nays were taken (Roll No. 678), and there were - yeas 88, nays 2, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Carmichael and Lane.
Absent and Not Voting: Beach, Ferrell, Frederick, Houston, Iaquinta, Long, Manchin, Miley, Perdue and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. S. B. 370) takes effect January 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 10:51 a.m., the House of Delegates adjourned until 11:30 a.m., Sunday, March 19, 2006.