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Thursday, June 26, 2008

THIRD DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, June 25, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

 A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 2014 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Governor's Office, fund 0101, fiscal year 2009, organization 0100, to the Department of Administration - West Virginia Retiree Health Benefit Trust Fund, fund 0611, fiscal year 2009, organization 0232, to the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2009, organization 0201, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2009, organization 0307, and to the Department of Education - State Department of Education, fund 0313, fiscal year 2009, organization 0402, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand nine."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the bill (S. B. 2014) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time, and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 622), and there were--yeas 85, nays none, absent and not voting 15, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
 The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 623), and there were--yeas 85, nays none, absent and not voting 15, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2014) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 624), and there were--yeas 85, nays none, absent and not voting 15, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2014) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 211, Requiring certain purchasers of catalytic converters to obtain and maintain information from the sellers.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 212, Establishing a testing schedule for school bus operators.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following language:
"That §18A-4-8e of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-8e. Competency testing for service personnel; and recertification testing for bus operators.

(a) The State Board of Education shall develop and cause to be made make available competency tests for all of the classification titles defined in section eight of this article and listed in section eight-a of this article for service personnel. Each classification title defined and listed is considered a separate classification category of employment for service personnel and has a separate competency test, except for those class titles having Roman numeral designations, which are considered a single classification of employment and have a single competency test.
(1) The cafeteria manager class title is included in the same classification category as cooks and has the same competency test.
(2) The executive secretary class title is included in the same classification category as secretaries and has the same competency test.
(3) The classification titles of chief mechanic, mechanic and assistant mechanic are included in one classification title and have the same competency test.
(b) The purpose of these tests is to provide county boards of education a uniform means of determining whether school service personnel employees who do not hold a classification title in a particular category of employment meet the definition of the classification title in another category of employment as defined in section eight of this article. Competency tests may not be used to evaluate employees who hold the classification title in the category of their employment.
(c) The competency test consists of an objective written or performance test, or both. Provided, That applicants have the opportunity to Applicants may take the written test orally if requested. Oral tests are recorded mechanically and kept on file. The oral test is administered by persons who do not know the applicant personally.
(1) The performance test for all classifications and categories other than bus operator is administered by an employee of the county board of education or an employee of a multicounty vocational school that serves the county at a location designated by the superintendent and approved by the board. The location may be a vocational school that serves the county.
(2) A standard passing score is established by the State Department of Education for each test and is used by county boards. of education
(3) The subject matter of each competency test is commensurate with the requirements of the definitions of the classification titles as provided in section eight of this article. The subject matter of each competency test is designed in such a manner that achieving a passing grade does not require knowledge and skill in excess of the requirements of the definitions of the classification titles. Achieving a passing score conclusively demonstrates the qualification of an applicant for a classification title.
(4) Once an employee passes the competency test of a classification title, the applicant is fully qualified to fill vacancies in that classification category of employment as provided in section eight-b of this article and shall may not be required to take the competency test again.
(d) An applicant who fails to achieve a passing score is given other opportunities to pass the competency test when making application for another vacancy within the classification category.
(e) Competency tests are administered to applicants in a uniform manner under uniform testing conditions. County boards of education are responsible for scheduling competency tests, notifying applicants of the date and time of the one day of training prior to taking the test, and the date and time of the test. County boards of education may not use a competency test other than the test authorized by this section.
(f) When scheduling of the competency test conflicts with the work schedule of a school employee who has applied for a vacancy, the employee is excused from work to take the competency test without loss of pay.
(g) A minimum of one day of appropriate in-service training is provided to employees to assist them in preparing to take the competency tests.
(h) Competency tests are used to determine the qualification of new applicants seeking initial employment in a particular classification title as either a regular or substitute employee.
(i) Notwithstanding any provisions in this code to the contrary, once an employee holds or has held a classification title in a category of employment, that employee is considered qualified for the classification title even though that employee no longer holds that classification.
(j) The requirements of this section do not alter the definitions of class titles as provided in section eight of this article or the procedure and requirements of section eight-b of this article.
(k) Notwithstanding any other provision of this code to the contrary, the competency test for a bus operator is administered as follows:
(1) For a bus operator with regular employee status and continuing contract status who has been employed less than five consecutive years, the test is administered biennially and may not be administered more frequently;
(2) For a bus operator with regular employee status and continuing contract status who has been employed at least five consecutive years, the test is administered every third year and may not be administered more frequently; and
(3) For a substitute bus operator or for a bus operator with regular employee status, but on a probationary contract, the test is administered annually."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment with amendment, as follows:
On page four of the Senate amendment, line twenty-one, section eight-e, by striking out the word "competency" and inserting in lieu thereof the word "recertification".
The bill, as amended by the Senate and as further amended by the House, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 625), and there were--yeas 85, nays none, absent and not voting 15, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 212) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 626), and there were--yeas 85, nays none, absent and not voting 15, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 212) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 213, Relating to bona fife residents wholly or solely owning greyhounds.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page eleven, section ten, line eleven, after the word "track" by changing the period to a colon and inserting the following proviso: "Provided further, That both training track facilities must be located in West Virginia."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 627), and there were--yeas 76, nays 9, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Border, Duke, C. Miller, Overington, Porter, Sobonya and Sumner.
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 213) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
 A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 214, Relating to annual incremental salary increases for certain state employees.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 215, Eliminating consecutive term limits for library boards of directors.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 216, Relating to payments for certain state employees for unused sick leave days.
 A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, to take effect from passage, a bill of the House of Delegates as follows:
S. B. 217, Requiring employment preference to professional educators for summer school programs.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 218, Relating to motor fuel excise tax.
House Calendar

Third Reading

H. B. 219, Relating to the regulation and control of elections; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
The Clerk reported an amendment by Delegate Webster, as follows:
On page one, section one, line seven, by striking out subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) The Legislature finds that:
(1) West Virginia's population is 1,808,344, ranking 37th among the fifty states.
(2) State Senate districts have a population of approximately one hundred six thousand three hundred seventy-three, and the average Delegate district has a population of approximately thirty-one thousand, one hundred seventy-eight. The size of these districts is substantially smaller than the United States Senatorial and Congressional Districts.
(3) When the relatively small size of the State's legislative and other voting districts is combined with the economics and typical uses of various forms of electioneering communication, history shows that non-broadcast media is and will continue to be a widely used means of making campaign related communications to target relevant audiences. Consequently, non-broadcast communications are prevalent during elections.
(4) Disclosure provisions are appropriate legislative weapons against the reality or appearance of improper influence stemming from the dependence of candidates on large campaign contributions, and the ceilings imposed accordingly serve the basic governmental interest in safeguarding the integrity of the electoral process without directly impinging upon the rights of individual citizens and candidates to engage in political debate and discussion.
(5) Disclosure of expenditures serve a substantial governmental interest in informing the electorate and preventing the corruption of the political process.
(6) Disclosure by persons and entities that make expenditures for communications that expressly advocate the election or defeat of clearly identified candidates, or perform its functional equivalent, is a reasonable and minimally restrictive method of furthering First Amendment values by public exposure of the state election system.
(7) Failing to regulate non-broadcast media messages would permit those desiring to influence elections to avoid the principles and policies that are embodied in existing state law.
(8) The regulation of the various types of non-broadcast media embodied within the amendments enacted during the Second Extraordinary Session of Two Thousand Eight, in addition to broadcast media, is tailored to meet the circumstances found in the State of West Virginia,
(9) Non-broadcast media such as mass mailing, telephone banks and billboards have proven to be effective means of election communication in West Virginia. Broadcast, satellite and non- broadcast media have all been used to influence election outcomes.
(10) Mass mailing and telephone communications can be more effective campaign methods than broadcast media because such communications can be targeted to registered voters or historical voters in the particular district. In contrast, broadcasted messages reach all of the general public, including person ineligible to vote in the district.
(11) Mass mailings or telephone communications in the final days of a campaign can be particularly damaging to the public's confidence in the election process because they reduce or make impossible an effective response.
(12) Identifying those funding mass mailing or telephone campaigns in the final days of a campaign may at least permit voters to evaluate the credibility of the message.
(13) In West Virginia, contributions up to the amounts specified in this article allow contributors to express their opinions, level of support and their affiliations.
(14) In West Virginia, campaign expenditures by entities and persons who are not candidates have been increasing. Public confidence is eroded when substantial amounts of such money, the source of which is hidden or disguised, is expended. This is particularly true during the final days of a campaign.
(15) In West Virginia, contributions to political organizations (defined in Section 527(e)(1) of the Internal Revenue Code of 1986) substantially larger than the amounts permitted to be received by a candidate's political committee have been recorded and are considered by the legislature to be large contributions.
(16) Independent expenditures intended to influence candidates' campaigns in the State are increasingly utilizing non-broadcast media to support or defeat candidates.
(17) Identification of persons or entities funding political advertisements assists in enforcement of the contribution and expenditure limitations established by this article and simply informs voters of the actual identities of persons or entities advocating the election or defeat of candidates.
(18) Identification of persons or entities funding political advertisements allows voters to evaluate the credibility of the message contained in the advertisement.
(19) Disclosure of the identity of persons or entities funding political communications regarding candidates bolsters the right of listeners to be fully informed."
On page thirteen, section one-a, line four, by striking out subdivision (15) in its entirety and by renumbering the remaining subdivisions.
On page fourteen, section one-a, line twelve, by striking out the words "or engaging in the functional equivalent thereof".
On page sixteen, section one-a, line three, paragraph (B), by striking out the subdivision designation (19) and inserting in lieu thereof the subdivision designation (18).
On page sixteen, section one-a, line five, paragraph (C), by striking out the subdivision designation (30) and inserting in lieu thereof the subdivision designation (29).
On page eighteen, section four, line eleven, by striking out the words and numbers "subdivisions (22) and (25)" and inserting in lieu thereof the words and numbers "subdivisions (21) and (24).
On page twenty, section five, line twenty-one, by striking out the words "or engaging in the functional equivalent thereof".
On page twenty-three, section eight, lines eight and nine, by striking out the words "or engaging in the functional equivalent thereof".
On page twenty-three, section eight, line twenty-one, following the word "public", by changing the period to a semicolon.
On page twenty-three, section eight, line twenty-four, by striking out the word "and".
On page twenty-four, section eight, following line six, following the word "committees", by changing the period to a semicolon and inserting the following:
"(D) Notwithstanding the provisions of subsection (a) of this section, corporations may make disbursements for political purposes, as defined in section one-a of this article, unless the communication is susceptible to no reasonable interpretation other than an appeal to vote for or against a candidate whose name is certified under section nine article five of this chapter to appear on a ballot at an election; and
(E) A disbursement for political purposes is permissible under paragraph (D) of this subdivision if it:
(I) Does not reference an election, candidacy, political party, opposing candidate or voting by the general public;
(ii) Does not take a position on any candidate's or officeholder's character, qualifications, or fitness for office; and
(iii) Focuses on a legislative, executive, or judicial matter or issue which either;
(I) Urges a candidate to take a particular position or action with respect to the matter or issue, or
(II) Urges the public to adopt a particular position and to contact the candidate with respect to the matter or issue, or
(iv) Proposes a commercial transaction, such as purchase of a book, video, or other product or service, or attendance (for a fee) at a film exhibition or other event".
On page twenty-seven, section eight, lines fifteen and sixteen, by striking out the words "or engaging in the functional equivalent thereof".
On page twenty-nine, section fourteen, lines six and seven, by striking out the words "or engaging in the functional equivalent thereof".
On page twenty-nine, section fourteen, line ten, after the comma and the right quotation mark, by inserting the word "and".
And,
On page twenty-nine, section fourteen, line eleven, by striking out the words "and 'functional equivalent'".
Delegate J. Miller moved that H. B. 219 be postponed indefinitely and on this motion, demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 628), and there were--yeas 20, nays 65, absent and not voting 15, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Azinger, Blair, Border, Carmichael, Cowles, Duke, Evans, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schoen and Tansill.
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members present and voting not having voted in the affirmative, the motion to postpone indefinitely did not prevail.
The Speaker next recognized Delegate Ellem, who moved that the House recess until 11:30 a.m., which motion did not prevail.
The question before the House being the amendment offered by Delegate Webster, the same was put and prevailed.
Delegate Lane moved to amend the bill on page nine, section one-a, lines five through eight, by striking out the words "mass mailing, telephone bank, billboard advertising or published in any newspaper, magazine or other periodical".
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 629), and there were--yeas 25, nays 60, absent and not voting 15, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Ireland, Lane, C. Miller, J. Miller, Overington, Perdue, Porter, Romine, Rowan, Schoen, Sobonya, Sumner and Tansill.
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members present and voting having voted in the affirmative, the amendment was not adopted.
The Clerk then reported an amendment heretofore filed by Delegate Lane on page thirteen, section one-a, line four, striking out all of subparagraph fifteen its entirety and renumbering the remaining subparagraphs.
Delegate Lane asked and obtained unanimous consent that the foregoing amendment be withdrawn.
Delegate Lane then moved to amend the bill on page twelve, section one-a, line twelve after the word "'Baker';" by striking out the remainder of the subparagraph.
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 630), and there were--yeas 22, nays 63, absent and not voting 15, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Azinger, Blair, Border, Carmichael, Cowles, Duke, Evans, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schoen, Sobonya, Sumner and Tansill.
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Cowles moved to amend the bill on page eleven, section one-a, line twenty-three, by inserting a new subdivision to read as follows:
"(ix) A communication made by mass mailing, telephone bank, billboard advertising, published newspaper, magazine or other periodical by National Rifle Association which communication includes candidates names and likenesses, except for communications containing the phrases: 'vote for,' 'elect,' 'support,' 'cast your ballot for,' 'vote against,' 'reject,' or 'defeat'."
On the adoption of the amendment, Delegate Cowles demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 631), and there were--yeas 22, nays 63, absent and not voting 15, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Evans, Hamilton, Ireland, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schoen, Sobonya, Sumner and Tansill.
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Cowles moved to amend the bill on page eleven, section one-a, line twenty-three, by inserting a new subdivision to read as follows:
"(ix) A communication made by mass mailing, telephone bank, billboard advertising, published newspaper, magazine or other periodical by West Virginians for Life which communication includes candidates names and likenesses, except for communications containing the phrases: 'vote for,' 'elect,' 'support,' 'cast your ballot for,' 'vote against,' 'reject,' or 'defeat'."
On the adoption of the amendment, Delegate Cowles demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 632), and there were--yeas 21, nays 64, absent and not voting 15, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Evans, Hamilton, Ireland, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schoen, Sobonya and Sumner.
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Cowles then moved to amend the bill on page twelve, section one-a, line twelve, after the word "'Baker';" by striking out the remainder of the subparagraph.
On the adoption of the amendment, Delegate Cowles demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 633), and there were--yeas 21, nays 63, absent and not voting 16, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Evans, Hamilton, Ireland, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schoen, Sobonya and Sumner.
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Shook, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
The Clerk next reported an amendment by Delegate Sobonya, on page seventeen, following line seventeen, by inserting a new section, designated as §3-8-2c, to read as follows:
"§3-8-2c. Limitations on elected or appointed officials from using their name or likeness.
(a) Elected or appointed officials, their agents, or anyone on public payroll may not:
(1) Use the elected or appointed person's name or likeness on any publicly-owned vehicles, unless for ceremonial events;
(2) Place the elected or appointed person's name or likeness on 'trinkets' paid for by public funds;
(3) Use public funds, including funds of the office held by the elected or appointed person to distribute, disseminate, publish or display the elected or appointed person's name or likeness upon or in any publication, broadcast, cable or satellite communication, communication in any newspaper, magazine or periodical publication, communication sent by mass mailing, communication by telephone book or communication by leaflet, pamphlet or flyer, or any other publication or media communication, within thirty days of a primary election or sixty days before a general election in which the elected or appointed official, or the person on public payroll, is a candidate.
(b) For purposes of this section:
(1) 'Agent' means any volunteer or employee, contractual or permanent, serving at the discretion of an elected or appointed official; and
(2) 'Trinkets' means items of tangible personal property that are not vital or necessary to the duties of the official's or public employee's office, including, but not limited to, the following: Magnets, mugs, cups, key-chains, pill-holders, band-aid dispensers, fans, nail files, matches, and bags.
(c) Nothing in this section prohibits elected or appointed officials from using their names or likenesses on any official record or report, letterhead, document or certificate, or instructional material issued in the course of their duties as elected or appointed officials, or on promotional materials used for national tourism and economic development promotion."
Delegate DeLong arose to a point of order as to the germaneness of the amendment, which point of order the Speaker ruled was not well taken.
Extensive debate transpired on the foregoing amendment.
On the adoption of the amendment, Delegate Sobonya demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 634), and there were--yeas 30, nays 55, absent and not voting 15, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Higgins, Ireland, Kessler, Lane, C. Miller, J. Miller, Overington, Palumbo, Porter, Reynolds, Romine, Rowan, Schoen, Shook, Sobonya, Sumner and Tansill.
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Canterbury moved that the bill be amended on page one, section one-a, after line thirteen, by inserting a new subsection to read as follows:
"(B) 'Electioneering Communication' includes any paid communication, including but not limited to public service announcements, distributed by means of broadcast, cable or satellite signal, telephone, billboard advertising or published in any newspaper, magazine or other periodical that depicts by name, likeness, or unambiguous reference, an incumbent Governor, Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture, Supreme Court Justice or Legislator who is seeking re-election or election to any office set forth in this subsection, and is publically disseminated during the time frame prior to any primary, general or special election set forth above in this subsection. And all such communication shall include the disclaimer, 'paid for by the taxpayer of West Virginia'."
And,
By redesignating the remaining subsection.
On the adoption of the amendment, Delegate Canterbury demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 635), and there were--yeas 27, nays 58, absent and not voting 15, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Eldridge, Ellem, Evans, Hamilton, Ireland, Kessler, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schoen, Sobonya, Sumner and Tansill.
Absent And Not Voting: Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
There being no further amendments, and having been engrossed, the bill was then read a third time.
The Speaker then recognized Delegate J. Miller, who moved that the House of Delegates recess to examine the ramifications of recent U.S. Supreme Court rulings relative to the question before the House, which motion did not prevail.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 636), and there were--yeas 67, nays 21, (paired 4), absent and not voting 12, with the nays, paired, excused from voting and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Azinger, Blair, Border, Cowles, Duke, Evans, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schoen and Tansill.
Paired:
Ennis (Yea)
Michael (Nay)

Varner (Yea)
Carmichael (Nay)

Absent And Not Voting: Ashley, Beach, Cann, Frederick, Hatfield, Hutchins, Long, Rodighiero, Schadler, Stalnaker, Walters and Wysong.
So, a majority of the members present and voting, and paired, having voted in the affirmative, the Speaker declared the bill (H. B. 219) passed.
An amendment to the title of the bill, recommended by the Committee on Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 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 non-broadcast 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."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 637), and there were--yeas 67, nays 21, (paired 4), absent and not voting 12, with the nays, paired, and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Azinger, Blair, Border, Cowles, Duke, Evans, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schoen and Tansill.
Paired:
Ennis (Yea)
Varner (Yea),

Carmichael (Nay) Michael (Nay)

Absent And Not Voting: Ashley, Beach, Cann, Frederick, Hatfield, Hutchins, Long, Rodighiero, Schadler, Stalnaker, Walters and Wysong.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 219) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Delegate J. Miller asked and obtained unanimous consent that the remarks and dialogue of Members regarding the proceedings on H. B. 219 be printed in the Appendix to the Journal.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of the House of Delegates as follows:
H. B. 210, Relating to the State Teachers Retirement System and the Teachers' Defined Contribution System.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
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, 2005; 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 amending the 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" followed by a colon.
And,
By amending the title to read as follows:
H. B. 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."
 On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
 The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 638), and there were--yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Beach, Brown, Cann, Carmichael, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 210) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 639), and there were--yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Beach, Brown, Cann, Carmichael, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 210) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 1:19 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 3:00 p.m., and reconvened at that time.
Still being in possession of the Clerk, S. B. 2019 was taken up for further consideration.
On motion of Delegate DeLong, the House of Delegates then reconsidered the votes on the effective date and the passage of the bill, respectively.
[Clerk's Note: Further action on this bill will be taken up as Unfinished Business on tomorrow.]
Messages from the Senate

 A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendment of the House of Delegates to the amendment of the Senate, and the passage, as amended, to take effect from passage, of
H. B. 212, Establishing a testing schedule for school bus operators.
 At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Seventh Order of Business for the purpose of introducing a resolution.

Resolutions

Delegates Browning and Williams offered the following resolution, which was read by the Clerk:
H. C. R. 202, "Requesting that bridge number 4303 over Morgans Run in Monongalia County scheduled for completion in the fall of 2008 be named 'The Charles L. Miller Bridge'."
Whereas, Charles L. Miller was born and raised in Preston County, West Virginia and graduated from West Virginia University with a Bachelors of Science Degree in Civil Engineering in 1961; and
Whereas, Mr. Miller began his extended career with the State Road Commission, now known as the Division of Highways, working as a Cooperative Student in 1954; and
Whereas, After graduating from West Virginia University, Mr. Miller served in the United States Army where he obtained the rank of Captain; and
Whereas, Following his term of service with the United States Army, Mr. Miller rejoined the Division of Highways steadily rising through the ranks until appointed Commissioner of Highways in 1977 by Governor Rockefeller serving as Commissioner until 1984; and
Whereas, In 1985, Mr. Miller served as State Highway Engineer and Director of Highways for the Arizona Department of Transportation until accepting the position of Associate Administrator for Research and Development with the United States Department of Transportation in 1990; and
Whereas, From 1992 to 1993, Mr. Miller returned to the West Virginia Division of Highways as State Highway Engineer. In 1993, Governor Caperton appointed him Secretary of the West Virginia Department of Transportation; and
Whereas, In 1995, Mr. Miller moved to the Governor's Office where he served as Director of Operations and subsequently as Acting Chief of Staff until retirement from state service in 1997; and
Whereas, Following state service, Mr. Miller continued working in the transportation field as an engineer consultant but is now currently retired and again residing in Preston County, West Virginia; and
Whereas, In 2005, Mr. Miller was one of eleven individuals inducted into the charter class of the West Virginia University Department of Civil and Environmental Engineering Academy of Civil Engineers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 4303 over Morgans Run in Monongalia County scheduled for completion in the fall of 2008 "The Charles L. Miller Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of said bridge, containing bold and prominent letters proclaiming the bridge to be "The Charles L. Miller Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, to Mr. Charles L. Miller and to the Federal Highways Administration in Charleston, West Virginia.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 202) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Ashley, Beach, Cann, Ennis, Frederick, Hatfield, Hutchins, Long, Michael, Rodighiero, Schadler, Stalnaker, Varner, Walters and Wysong .
At 3:18 p.m., the House of Delegates adjourned until 6:00 p.m., Friday, June 27, 2008.