WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2005
FIRST DAY
____________
Charleston, W. Va., Saturday, April 16, 2005
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the sixteenth day of April,
two thousand five, convening the seventy-seventh Legislature of
West Virginia in extraordinary session today (Saturday, April 16,
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 immediately upon
adjournment sine die of the Extended Budget Session 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,
Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick,
Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President).
Thirty-one 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 proclamation 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 upon
adjournment sine die of the 2005 Regular Session, as extended by
proclamation dated April 6, 2005, and further extended by
proclamation dated April 15, 2005, in its chambers in the State
Capitol, City of Charleston, for the sole purpose of considering
and acting upon the following matters:
FIRST: Considering and acting upon supplementary
appropriation bills.
SECOND: Considering and acting upon 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 sixteenth day
of April, in the year of our
Lord, Two Thousand Five, and in
the One Hundred Forty-second year
of the State.
Joe Manchin III,
Governor.
By the Governor:
Betty Ireland,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 201--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
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.
Whereupon, the President appointed as members of such
committee the following:
Senators Prezioso, Bailey and McKenzie.
Subsequently, Senator Prezioso, from the committee to notify
the House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Amores, Brown and Walters, announced that the House
of Delegates has assembled in extraordinary session, with a quorum
present, and is ready to proceed with the business stated in the
proclamation convening the Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 202--Raising a committee to wait upon the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
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.
Whereupon, the President appointed as members of such
committee the following:
Senators Bowman, Minard and Guills.
A message from the House of Delegates, by
Delegates Amores, Brown and Walters, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 202.
Senate and House members of this select committee then proceeded to the executive offices.
Subsequently, Senator Bowman reported that the joint Senate
and House committee had performed the duty assigned to it.
The Senate proceeded to the third order of business.
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 16, 2005
Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following amends and replaces the "FY 2005 Official
Estimate" "General Revenue Fund - Statement of Revenues by Source"
which I submitted to you on February 9, 2005, as part of my
Executive Budget Document for the fiscal year ending June 30, 2006:
General Revenue Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2005
Official
Source of Revenue Estimate
Business and Occupation Tax $ 172,500
Consumers Sales Tax 951,700
Personal Income Tax 1,146,900 1
Liquor Profit Transfers 9,000
Racing Fees 3,000
Beer Tax and Licenses 8,400
Cigarette Tax 96,000
Estate Tax 4,500
Business Franchise Fees 1,900
Charter Tax 5,300
Use Tax 93,000
Property Transfer Tax 9,000
Property Tax 4,300
Insurance Tax 96,500
Departmental Collections 15,000
Corporate Income/Business Franchise Tax 266,600 2
Miscellaneous Transfers 300
Interest Income 14,000
Severance Tax 232,500 3
Telecommunications Tax 11,000
Miscellaneous Receipts 2,000
Smokeless Tobacco Tax 4,800
HB102 - Lottery Transfers 226,991 4
Video Lottery Transfers -0-
Liquor License Renewal -0-
Special Revenue Transfer 40,756
JOBS/Growth Tax Relief - Transfer -0-
Senior Citizen Tax Credit Reimbursement ________5,000
Total ________$3,420,947 5
1 Revised from $ 1,098,700 to $ 1,146,900 - Increase of $ 48,200
2 Revised from 175,300 to 266,600 - Increase of 91,300
3 Revised from 162,000 to 232,500 - Increase of 70,500
4 Revised from 87,800 to 226,991 - Increase of 139,191
5 Revised from 3,071,756 to 3,420,947 - Increase of 349,191
This change is necessary in order to adjust the revenue
estimate upward reflecting a stronger than anticipated economy,
especially in the Personal Income Tax, Severance Tax and Corporate
Income/Business Franchise Tax areas. This change also reflects
greater than anticipated transfers from the Excess Lottery Fund.
The following amends and replaces the "Excess Lottery Fund -
Statement of Revenues, Expenditures and Changes in Cash Balance"
which I submitted to you on February 9, 2005, as part of my
Executive Budget Document for the fiscal year ending June 30, 2006:
Excess Lottery Fund
Statement of Revenues, Expenditures and Changes in Cash Balance
(Expressed in Thousands)
Surplus Balance July 1, 2004 $ 60,954
Less: Surplus Appropriations (SB2011) FY 2005
__(17,863)
Unappropriated Surplus Balance $ 43,091
Plus: Revised Revenue Estimate FY 2005
________317,800
Estimated Balance $ 360,891
Less: Regular Appropriations FY 2005 ________(217,800)
Estimated Balance $ 143,091
Less: Surplus Appropriations (SB3007) FY 2005
__(3,900)
Estimated Balance $ 139,191
Less: Recommended Supplemental Appropriations:
Lottery Commission - General Revenue Transfer _(139,191)
Estimated Balance - June 30, 2005 $ -0-
Plus: Revenue Estimate FY 2006
_202,900
Estimated Balance $ 202,900
Less: Recommended Appropriations FY 2006
Lottery Commission - General Purpose Account $ 65,000
Education Improvement Fund - (PROMISE Scholarship) 27,000
Economic Development Project Fund 19,000
School Building Authority 19,000
West Virginia Infrastructure Council 40,000
Higher Education Improvement Fund 10,000
State Park Improvement Fund 5,000
Lottery Commission - Refundable Credit Reimbursement 5,000
Lottery Commission - General Revenue Transfer 12,900__________(202,900)
Estimated Balance - June 30, 2006
$__-0-
This change is necessary in order to adjust the FY 2005
revenue estimate upward reflecting greater than anticipated
revenues in the Excess Lottery Fund.
The purpose of this Executive Message is to adjust the
revenues for FY 2005 for the General Revenue Fund and the Excess
Lottery Fund by recognizing increases in both to allow for
necessary supplemental appropriations during the fiscal year and to
assist in addressing current unfunded liabilities.
Sincerely,
Joe Manchin III,
Governor.
In compliance with Article VI, Section 51 of the Constitution,
the Senate consented to receive the foregoing amendments to the
Budget Bill, which were referred to the Committee on Finance.
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. 201--A Bill making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue, to the Senate, Fund 0165, Fiscal Year
2005, Organization 2100, to the House of Delegates, Fund 0170,
Fiscal Year 2005, Organization 2200, to the Joint Expenses, Fund 0175, Fiscal Year 2005, Organization 2300, to the Department of
Administration - Division of Purchasing, Fund 0210, Fiscal Year
2005, Organization 0213, to the Department of Administration,
Ethics Commission, Fund 0223, Fiscal Year 2005, Organization 0220,
to the Educational Broadcasting Authority, Fund 0300, Fiscal Year
2005, Organization 0439, to the Department of Health and Human
Resources, Division of Human Services, Fund 0403, Fiscal Year 2005,
Organization 0511, to the Department of Military Affairs and Public
Safety, West Virginia State Police, Fund 0453, Fiscal Year 2005,
Organization 0612, to the Department of Transportation, Aeronautics
Commission, Fund 0582, Fiscal Year 2005, Organization 0807, and to
the Department of Environmental Protection, Fund 0273, Fiscal Year
2005, Organization 0313, by supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
two thousand five.
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, Deem, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 201) 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, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 201) 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, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 201) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 202--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
Excess Lottery Revenue Fund, to the Lottery Commission - Excess
Lottery Revenue Fund Surplus, Fund 7208, Fiscal Year 2005,
Organization 0705, all supplementing and amending the appropriation
for the fiscal year ending the thirtieth day of June, two thousand
five.
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, Deem, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 202) 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, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 202) 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, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 202) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 203--A Bill expiring funds to the
unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending the thirtieth day of June, two thousand
five, in the amount of one million one hundred thousand dollars
from the Industrial Development Loans Fund, Fund 3148, Fiscal Year
2005, Organization 0307, in the amount of one hundred four dollars
and twenty-four cents from the Transfers-Governor's Contingency
Fund, Fund 1306, Fiscal Year 2005, Organization 1300, and in the
amount of two hundred thirty-four thousand five hundred three
dollars and eighty-six cents from the Jury Fees Fund, Fund 1314,
Fiscal Year 2005, Organization 1300, and making a supplementary
appropriation of public moneys out of the Treasury from the
unappropriated surplus balance for the fiscal year ending the
thirtieth day of June, two thousand five, to the Department of
Education and the Arts - Division of Culture and History, Fund
0293, Fiscal Year 2005, Organization 0432, to the Department of
Education and the Arts - State Board of Rehabilitation - Division
of Rehabilitation Services, Fund 0310, Fiscal Year 2005,
Organization 0932, and to the Department of Commerce - West
Virginia Development Office - Division of Tourism, Fund 0246,
Fiscal Year 2005, Organization 0304.
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, Deem, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 203) 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, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 203) 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, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 203) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 204--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
five, to the Higher Education Policy Commission - System - Tuition
Fee Capital Improvement Fund (Capital Improvement and Bond Retirement Fund) Control Account, Fund 4903, Fiscal Year 2005,
Organization 0442, all supplementing and amending the appropriation
for the fiscal year ending the thirtieth day of June, two thousand
five.
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, Deem, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 204) 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, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 204) 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, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 204) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 205--A Bill supplementing, amending,
reducing and increasing items of the existing appropriations from
the State Fund, General Revenue, to the Department of
Administration - Public Defender Services, Fund 0226, Fiscal Year
2005, Organization 0221, all supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
two thousand five.
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, Deem, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 205) 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, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 205) 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, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 205) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 206--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
2005, Organization 0100, to the Governor's Office - Civil
Contingent Fund, Fund 0105, Fiscal Year 2005, Organization 0100, to
the West Virginia Conservation Agency, Fund 0132, Fiscal Year 2005,
Organization 1400, to the Secretary of State, Fund 0155, Fiscal
Year 2005, Organization 1600, to the Department of Administration -
Office of the Secretary, Fund 0186, Fiscal Year 2005, Organization
0201, to the Department of Administration - Consolidated Public
Retirement Board, Fund 0195, Fiscal Year 2005, Organization 0205,
to the Department of Education - State Department of Education,
Fund 0313, Fiscal Year 2005, Organization 0402, to the Department of Education - State Department of Education - State Aid to
Schools, Fund 0317, Fiscal Year 2005, Organization 0402, to the
Department of Military Affairs and Public Safety - Division of
Corrections - Correctional Units, Fund 0450, Fiscal Year 2005,
Organization 0608, to the Department of Military Affairs and Public
Safety - Division of Veterans' Affairs, Fund 0456, Fiscal Year
2005, Organization 0613, to the Department of Revenue - Tax
Division, Fund 0470, Fiscal Year 2005, Organization 0702, to the
Bureau of Commerce - West Virginia Development Office - Division of
Tourism, Fund 0246, Fiscal Year 2005, Organization 0304, to the
Bureau of Commerce - West Virginia Development Office, Fund 0256,
Fiscal Year 2005, Organization 0307, and to the Higher Education
Policy Commission - Higher Education Policy Commission -
Administration - Control Account, Fund 0589, Fiscal Year 2005,
Organization 0441, all supplementing and amending the
appropriations for the fiscal year ending the thirtieth day of
June, two thousand five.
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, Deem, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 206) was then
read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed House Bill No. 206 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 206) 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, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
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. 206) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Chafin offered the following pre-adjournment
resolution:
Senate Resolution No. 203--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 Plymale, Sharpe and Lanham.
Subsequently, Senator Plymale reported that the duties
assigned by Senate Resolution No. 203 had been performed.
Thereafter, a three-member delegation from the House of
Delegates, namely
Delegates Amores, Brown and Walters, 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. 204--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 White, Fanning and Yoder.
Delegates Amores, Brown and Walters, 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 White, Fanning and Yoder, 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 White, 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 White then reported this mission
accomplished.
At the request of Senator White, 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 second
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 report of the Joint Committee on Enrolled Bills was
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 21st day of April, 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:
(H. B. No. 201), Supplementary appropriation to the Senate, to
the House of Delegates, to the Division of Purchasing, etc.
(H. B. No. 202), Supplementary appropriation to the lottery
commission - excess lottery revenue fund surplus, fund 7208.
(H. B. No. 203), Expiring funds to the unappropriated surplus
balance in the state fund, general revenue, from the Industrial
Development Loans Fund, and making a supplementary appropriation to
the Division of Culture and History, Division of Rehabilitation
Services, West Virginia Development Office - Division of Tourism.
(H. B. No. 204), Supplementary appropriation to the higher
education policy commission tuition fee capital improvement fund.
(H. B. No. 205), Supplementing, amending, reducing and
increasing items of the existing appropriations to the department
of administration - public defender services.
And,
(H. B. No. 206), Supplementary appropriation to the governor's
office, to the West Virginia Conservation Agency, to the secretary
of state and other state agencies.
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 a communication from His Excellency,
the Governor, advising that on April 22, 2005, he had approved Enr.
House Bill No. 201, Enr. House Bill No. 202, Enr. House Bill No.
203, Enr. House Bill No. 204, Enr. House Bill No. 205 and Enr.
House Bill No. 206.
On motion of Senator Chafin, the second extraordinary session
of the Senate in the year two thousand five adjourned sine die.
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