WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2008
THIRD DAY
____________
Charleston, W. Va., Thursday, June 26, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Walt Helmick, a senator
from the fifteenth district.
Pending the reading of the Journal of Wednesday, June 25,
2008,
On motion of Senator White, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded 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 from
passage, of
Eng. Senate Bill No. 2011, Making supplemental appropriations
from Lottery Net Profits to various lottery education funds.
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. 2012, Making supplemental appropriations
from State Excess Lottery Revenue Fund to various accounts.
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. 2013, Making supplemental appropriation
from Lottery Net Profits to Lottery Senior Citizens Fund.
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. 2015, Making supplemental appropriation
from State Debt Reduction Fund, FY 2009.
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. 2016, Making supplemental appropriation
from State Excess Lottery Revenue Fund to Excess Lottery Revenue
Fund Surplus.
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. 2017, Making supplemental appropriation from State Debt Reduction Fund, FY 2008.
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. 2018, Making supplemental appropriation
from federal funds to State Police.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 210--A Bill to amend and reenact §18-7D-2,
§18-7D-5, §18-7D-6, §18-7D-7 and §18-7D-9 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §18-7D-12, all relating to the
voluntary transfer of assets from the Teachers' Defined
Contribution Retirement System to the State Teachers Retirement
System generally; providing a date for the transfer of assets of
certain transferring members; providing a deadline for the payment
required to receive full credit in the State Teachers Retirement
System for service in the Teachers' Defined Contribution Retirement
System; establishing deadline for providing notice of intent to
retire for certain transferring members; providing that certain
submissions of elections to transfer shall be counted; establishing
requirements for repurchase of certain service in the State
Teachers Retirement System by transferring members against whom a qualified domestic relations order has been entered; and clarifying
that any transferring member shall be fully credited for the
member's years of service in the Teachers' Defined Contribution
Retirement System.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it 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, Edgell, Fanning, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Deem, Facemyer, Guills, Sharpe and Wells--5.
The bill (Eng. H. B. No. 210) was then read a second time.
On motions of Senators Foster and Plymale, the following
amendments to the bill were reported by the Clerk, considered
simultaneously, and adopted:
On page two, after the enacting section, by inserting the
following:
ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.
§18-7B-7a. Plan closed to persons employed for the first time
after June, two thousand five; former employees.
The retirement system created and established in this article
shall be closed and no new members accepted in the system after the
thirtieth day of June, two thousand five. Notwithstanding the
provisions of sections seven and eight of this article, all persons
who are regularly employed for full-time service as a member or an
employee whose initial employment commences after the thirtieth day
of June, two thousand five, shall become a member of the State
Teachers Retirement System created and established in article
seven-a of this chapter: Provided, That any person rehired after
the thirtieth day of June, two thousand five, shall become a member
of the Teachers' Defined Contribution Retirement System created and
established in this article, or of the Teachers Retirement System
created and established in article seven-a of this chapter,
depending upon which system he or she last contributed to while he
or she was employed with an employer mandating membership and
contributions to one of those plans: Provided, however, That a
rehired person who thereby becomes a member of the Teachers'
Defined Contribution Retirement System may become a member of the
Teachers Retirement System within the applicable time periods and
upon meeting the requirements provided in article seven-d of this
chapter:
Provided further, That any person rehired after the thirty-first day of December, two thousand seven, who did not have
at least one dollar in the Teachers' Defined Contribution
Retirement System on the thirty-first day of December, two thousand
seven, and for whom the Teachers' Defined Contribution Retirement
System was the system to which he or she last contributed while
employed by an employer who required membership and contributions
to one of the two teachers' retirement plans, shall, within ten
days of returning to employment, affirmatively choose to reenter
the Teachers' Defined Contribution Retirement System or to become
a contributing member of the Teachers Retirement System. Those
rehired prior to the first day of July, two thousand eight, and who
did not have at least one dollar in the Teachers' Defined
Contribution Retirement System on the thirty-first day of December,
two thousand seven, as determined by the Consolidated Public
Retirement Board, shall be permitted to voluntarily elect to
transfer effective the first day of August, two thousand eight,
upon written request to the Consolidated Public Retirement Board
received no later than the fifteenth day of July, two thousand
eight.
;
On page twenty-two, section seven, after line eleven, by
inserting a new subsection, designated subsection (l), to read as
follows:
(l) Notwithstanding any other provision of this article to the
contrary, any member of the Teachers' Defined Contribution Retirement System who was erroneously identified by the employer as
being a member of the Teachers Retirement System and
who did not
have at least one dollar in the Teachers' Defined Contribution
Retirement System on the thirty-first day of December, two thousand
seven
, and therefore was denied an opportunity to select transfer
as determined by the Consolidated Public Retirement Board, shall be
provided promptly with an opportunity to select membership in the
Teachers Retirement System. The Consolidated Public Retirement
Board is authorized to establish procedures and time periods to
provide notice, education, selection opportunity and transfer for
these members to correct the erroneous assignment to the Teachers
Retirement System.
;
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §18-7B-7a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18-7D-2, §18-7D-5, §18-7D-6, §18-
7D-7 and §18-7D-9 of said code be amended and reenacted; and that
said code be amended by adding thereto a new section, designated
§18-7D-12, all to read as follows:.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 210) was then
read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed House Bill No. 210 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Edgell, Fanning, Foster, Green,
Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt,
Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Deem, Facemyer, Guills, Sharpe and Wells--5.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 210) passed.
On motions of Senators Foster and Plymale, the following
amendment to the title of the bill was reported by the Clerk and
adopted:
Eng. House Bill No. 210--A Bill
to amend and reenact §
18-7B-7a
of the Code of West Virginia, 1931, as amended; to amend and
reenact §18-7D-2, §18-7D-5, §18-7D-6, §18-7D-7 and §18-7D-9
of said
code; and to amend said code by adding thereto a new section,
designated §18-7D-12, all relating to the voluntary transfer of
assets from the Teachers' Defined Contribution Retirement System to
the State Teachers Retirement System generally; providing option
for certain rehired persons; providing a date for the transfer of
assets of certain transferring members; providing a deadline for
the payment required to receive full credit in the State Teachers Retirement System for service in the Teachers' Defined Contribution
Retirement System; establishing deadline for providing notice of
intent to retire for certain transferring members; providing that
certain submissions of elections to transfer shall be counted;
providing option to certain members misidentified; establishing
requirements for repurchase of certain service in the State
Teachers Retirement System by transferring members against whom a
qualified domestic relations order has been entered; and clarifying
that any transferring member shall be fully credited for the
member's years of service in the Teachers' Defined Contribution
Retirement System.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Edgell, Fanning, Foster, Green, Hall,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger,
White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Deem, Facemyer, Guills, Sharpe and Wells--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 210) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment, as amended by
the House of Delegates, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment to the Senate amendment, as to
Eng. House Bill No. 212, Establishing a testing schedule for
school bus operators.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the Senate
amendment to the bill was reported by the Clerk:
On page four, section eight-e, subdivision (k), by striking
out the word "competency" and inserting in lieu thereof the word
"recertification".
On motion of Senator Chafin, the Senate concurred in the
foregoing House of Delegates amendment to the Senate amendment to
the bill.
Engrossed House Bill No. 212, as amended, was then put upon
its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Edgell, Fanning, Foster, Green,
Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt,
Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Deem, Facemyer, Guills, Sharpe and Wells--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 212) 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, Edgell, Fanning, Foster, Green, Hall,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger,
White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Deem, Facemyer, Guills, Sharpe and Wells--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 212) 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 concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 213, Relating to bona fide residents
wholly or solely owning greyhounds.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 2001, Establishing testing schedule for
school bus operators
.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Senate Bill No. 200
2, Relating to term of office for
library boards of directors.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Senate Bill No. 200
3, Requiring employment preference to
professional educators for summer school programs.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
On motion of Senator Chafin, the Senate recessed until 12:15
p.m. today.
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 Senate amendments to, and the passage as amended, to take effect from passage, of
Eng. House Bill No. 210, Relating to the State Teachers
Retirement System and the Teachers' Defined Contribution System.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 219--A Bill
to amend and reenact §3-8-1,
§3-8-1a, §3-8-4, §3-8-5 and §3-8-8 of the Code of West Virginia,
1931, as amended; and to amend and reenact §3-9-14 of said code,
all relating to the regulation and control of elections generally;
legislative findings related to the particular characteristics of
West Virginia which warrant regulation of nonbroadcast media;
defining terms; clarifying that statutory prohibitions and criminal
provisions relating to corporate election communications apply only
to express advocacy; clarifying offenses and penalties; and
establishing effective dates.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
At the request of Senator Chafin, unanimous consent being
granted, Senator Chafin addressed the Senate regarding anticipated
action as to Engrossed House Bill No. 219 and consequences for
failure to suspend the constitutional rule requiring a bill to be read on three separate days.
At the respective requests of Senators McKenzie, Yoder, Hall,
Sprouse and Caruth, and by unanimous consent, Senators McKenzie,
Yoder, Hall, Sprouse and Caruth addressed the Senate in response to
the comments made by Senator Chafin.
Thereafter, at the request of Senator Barnes, unanimous
consent being granted, the remarks by Senators Chafin, McKenzie,
Yoder, Hall, Sprouse and Caruth were ordered printed in the
Appendix to the Journal.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Bowman, Chafin,
Edgell, Fanning, Foster, Green, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, Minard, Oliverio, Plymale, Unger, White and Tomblin
(Mr. President)--19.
The nays were: Barnes, Boley, Caruth, Hall, McKenzie,
Sprouse, Sypolt and Yoder--8.
Absent: Deem, Facemyer, Guills, Prezioso, Sharpe, Stollings
and Wells--7.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No.
2010, Relating to regulation and control of elections.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Bowman, Kessler, Love, Sprouse
and Caruth.
Thereafter, at the request of Senator Plymale, and by
unanimous consent, the remarks by Senators Bowman and Kessler were
ordered printed in the Appendix to the Journal.
At the request of Senator Edgell, unanimous consent being
granted, the remarks by Senator Love were ordered printed in the
Appendix to the Journal.
At the request of Senator McKenzie, and by unanimous consent,
the remarks by Senator Caruth were ordered printed in the Appendix
to the Journal.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, June 27, 2008, at 6 p.m.
____________