WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2007
FIRST DAY
____________
Charleston, W. Va., Sunday, March 18, 2007
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the seventeenth day of March,
two thousand seven, convening the seventy-eighth Legislature of
West Virginia in extraordinary session today (Sunday, March 18,
2007), 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 Walt Helmick, a senator
from the fifteenth 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, Green, Guills, Hall, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White,
Yoder and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following 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 2007 Regular Session, as extended by
proclamation dated March 7, 2007, and further extended by
proclamation dated March 16, 2007, in its chambers in the State
Capitol, City of Charleston, for the sole purpose of considering
and acting upon the following matters:
FIRST: Certain supplementary appropriation bills.
SECOND: Legislation relating to the compensation of the
membership of the West Virginia State Police.
THIRD: Legislation relating to the authorization of certain
pharmacy-related practices; authorizing electronic prescribing; and
extending the date for collaborative pharmacy practice agreements.
FOURTH: Legislation relating to the administration of certain
estates valued to be one hundred thousand dollars or less,
exclusive of real estate specifically devised and nonprobate
assets.
FIFTH: 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, on this the Seventeenth
day of March, in the year of our
Lord, Two Thousand Seven, and in
the One Hundred Forty-Fourth 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. 101--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 Jenkins, Bailey and McKenzie.
Subsequently, Senator Jenkins, 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 Marshall, Martin and Sobonya, 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. 102--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 Fanning, Hunter and Boley.
A message from the House of Delegates, by
Delegates Hatfield, Argento and Rowan, 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. 102.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Fanning reported that the joint Senate
and House committee had performed the duty assigned to it.
The Senate proceeded to the third order of business.
Executive Communications
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2007
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 2007 Official
Revised Estimate" "General Revenue Fund - Statement of Revenues by
Source" which I submitted to you on January 10, 2007, as part of my
Budget Document for the fiscal year ending June 30, 2008:
General Revenue Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2007
Official
Revised
Source of RevenueEstimate
Business and Occupation Tax$178,5001
Consumers Sales Tax1,018,000
Personal Income Tax1,318,250
Liquor Profit Transfers11,000
Racing Fees1,500
Beer Tax and Licenses8,600
Cigarette Tax103,200
Business Franchise Fees1,900
Charter Tax6,500
Use Tax116,0002
Property Transfer Tax16,000
Property Tax4,800
Insurance Tax106,500
Departmental Collections15,800
Corporate Income/Business Franchise Tax300,7503
Miscellaneous Receipts1,000
Miscellaneous Transfers1,000
Interest Income45,0004
Severance Tax314,000
Smokeless Tobacco Tax4,900
HB102 - Lottery Transfers77,900
Senior Citizen Tax Credit Reimbursement6,000
Total$3,657,1005
1Revised from$ 175,500to$ 178,500-Increase of$3,000.
2Revised from 112,000to 116,000-Increase of4,000.
3Revised from 295,750to 300,750-Increase of5,000.
4Revised from 35,000to 45,000-Increase of10,000.
5Revised from3,635,100to3,657,100-Increase of22,000.
Thank you for your cooperation in this matter.
Sincerely,
Joe Manchin III,
Governor.
General Revenue Fund
Statement of Revenues, Expenditures and Changes in Cash Balance
(Expressed in Thousands)
Actual Cash Balance July 1, 2006$ 468,971
Less:31-Day Disbursements
(July 1, 2006--July 31, 2006)(24,984)
Accumulated Prior Year Reimbursements
(July 1, 2006--July 31, 2006)11
Prior Year Appropriations Forwarded(266,364)(291,337)
Accumulated Surplus from FY 2006$177,634
Less:Transfer one-half to Revenue Shortfall Reserve Fund (Statutory)(88,817)
Unappropriated Surplus Balance$88,817
Plus:Accumulated Prior Year Reimbursements
(August 1, 2006--March 15, 2007)78
Unappropriated Balance$88,895
Less:Surplus Appropriation--Consolidated Public Retirement Board (HB 212)(80,000)
Less:Recommended Surplus Appropriations(8,895)
Unappropriated Surplus Balance from FY 2006$-0-
Plus:Revised Revenue Estimated FY 20073,657,100
Less:Regular Appropriations FY 2007(3,628,750)
Less:Recommended Supplemental Appropriations(28,079)
Estimated balance June 30, 2007$271
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.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bill was
introduced and read by its title:
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 1001--A Bill to amend and reenact §30-5-1b,
§30-5-12, §30-5-12b, §30-5-16b and §30-5-29 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §30-5-12c; to amend and reenact §30-7-15c
of said code; and to amend and reenact §60A-3-308 of said code, all
relating generally to the authorization of certain pharmacy-related
practices; authorizing electronic prescribing; and extending the
date for pharmacy collaborative agreements.
At the request of Senator Chafin, unanimous consent being
granted, 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, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1001 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, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1001) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 101--A Bill to amend and reenact §44-1-14a
of the Code of West Virginia, 1931, as amended, relating to
administration of estates by fiduciary commissioners; requiring
commissioner to conclude administration of certain estates upon
request by interested party; limiting notice required to creditors
and payment of related fees by personal representatives; setting
expiration of time period for unpaid creditors to file claims
against estate; and requiring commissioner to conduct hearing on
claim filed by unpaid creditor.
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, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 101) 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, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 101) passed with its title.
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. 102--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 Department of Agriculture, fund
0131, fiscal year 2007, organization 1400, to the West Virginia
Conservation Agency, fund 0132, fiscal year 2007, organization
1400, to the Department of Administration - Public Defender
Services, fund 0226, fiscal year 2007, organization 0221, to the
Department of Education - State Department of Education, fund 0313,
fiscal year 2007, organization 0402, to the Higher Education Policy
Commission - System - Control Account, fund 0586, fiscal year 2007,
organization 0442, by supplementing and amending the appropriations
for the fiscal year ending the thirtieth day of June, two thousand
seven.
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, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 102) 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, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
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. 102) 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,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
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. 102) 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. 103--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 Department of Administration -
Division of General Services, fund 0230, fiscal year 2007,
organization 0211, to the Department of Commerce - Division of
Tourism, fund 0246, fiscal year 2007, organization 0304, to the
Department of Commerce - West Virginia Development Office, fund
0256, fiscal year 2007, organization 0307, to the Department of
Commerce - Division of Natural Resources, fund 0265, fiscal year
2007, organization 0310, to the Department of Commerce - Division
of Miners' Health, Safety and Training, fund 0277, fiscal year 2007, organization 0314, to the Department of Education - State
FFA-FHA Camp and Conference Center, fund 0306, fiscal year 2007,
organization 0402, to the Department of Education - State
Department of Education, fund 0313, fiscal year 2007, organization
0402, to the Department of Health and Human Resources - Division of
Health - Central Office, fund 0407, fiscal year 2007, organization
0506, to the Department of Health and Human Resources -
Consolidated Medical Services Fund, fund 0525, fiscal year 2007,
organization 0506, to the Department of Military Affairs and Public
Safety - Division of Homeland Security and Emergency Management,
fund 0443, fiscal year 2007, organization 0606, to the Department
of Military Affairs and Public Safety - Division of Corrections -
Correctional Units, fund 0450, fiscal year 2007, organization 0608,
and to the Department of Revenue - Office of the Secretary, fund
0465, fiscal year 2007, organization 0701, by supplementing and
amending the appropriations for the fiscal year ending the
thirtieth day of June, two thousand seven.
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, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 103) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Minard and Sharpe--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. 103) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt,
Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Minard and Sharpe--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. 103) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
On motion of Senator Chafin, the Senate recessed for fifteen
minutes.
Upon expiration of the recess, the Senate reconvened and again
proceeded to the sixth order of business.
On motions for leave, severally made, the following bill was
introduced and read by its title:
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 1002--A Bill to amend and reenact §15-2-5 of
the Code of West Virginia, 1931, as amended, relating to the
compensation of the membership of the West Virginia State Police.
At the request of Senator Chafin, unanimous consent being
granted, 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: Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Bailey, Fanning, Minard and Sharpe--4.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1002 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt,
Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Bailey, Fanning, Minard and Sharpe--4.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1002) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green, Guills,
Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger,
Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Bailey, Fanning, Minard and Sharpe--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1002) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. House Bill No. 103, Making a supplementary appropriation
to Department of Administration - Division of General Services,
Department of Commerce, Division of Natural Resources, etc.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote
as to the effective date.
The vote thereon having been reconsidered,
Thereafter, on motion of Senator Helmick, the following
amendment to the title of the bill was reported by the Clerk and
adopted:
Eng. House Bill No. 103--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 Department of Administration - Division of
General Services, fund 0230, fiscal year 2007, organization 0211,
to the Department of Commerce - Division of Tourism, fund 0246,
fiscal year 2007, organization 0304, to the Department of Commerce
- West Virginia Development Office, fund 0256, fiscal year 2007,
organization 0307, to the Department of Commerce - Division of
Natural Resources, fund 0265, fiscal year 2007, organization 0310,
to the Department of Commerce - Division of Miners' Health, Safety
and Training, fund 0277, fiscal year 2007, organization 0314, to
the Department of Education - State FFA-FHA Camp and Conference
Center, fund 0306, fiscal year 2007, organization 0402, to the
Department of Education - State Department of Education, fund 0313, fiscal year 2007, organization 0402, to the Department of Health
and Human Resources - Division of Health - Central Office, fund
0407, fiscal year 2007, organization 0506, to the Department of
Health and Human Resources - Consolidated Medical Services Fund,
fund 0525, fiscal year 2007, organization 0506, to the Department
of Military Affairs and Public Safety - Division of Homeland
Security and Emergency Management, fund 0443, fiscal year 2007,
organization 0606, to the Department of Military Affairs and Public
Safety - Division of Corrections - Correctional Units, fund 0450,
fiscal year 2007, organization 0608, and to the Department of
Revenue - Office of the Secretary, fund 0465, fiscal year 2007,
organization 0701, by supplementing and amending the appropriations
for the fiscal year ending the thirtieth day of June, two thousand
seven.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green, Guills,
Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger,
Wells, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Bailey, Fanning, Minard, Sharpe and White--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. 103) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate 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 passage of
Eng. Senate Bill No. 1001, Authorizing certain
pharmacy-related practices.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1,
2007, of
Eng. Senate Bill No. 1002, Relating to compensation of West
Virginia State Police.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage
as amended, to take effect from passage, of
Eng. House Bill No. 103, Making a supplementary appropriation
to Department of Administration - Division of General Services,
Department of Commerce, Division of Natural Resources, etc.
Senator Chafin offered the following pre-adjournment
resolution:
Senate Resolution No. 103--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 Jenkins, Foster and Facemyer.
Subsequently, Senator Jenkins reported that the duties
assigned by Senate Resolution No. 103 had been performed.
Thereafter, a three-member delegation from the House of
Delegates, namely
Delegates Marshall, Martin and Sobonya, 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. 104--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 Love, Green and Boley.
Delegates Hatfield, Argento and Rowan, 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 Love, Green and Boley, 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 Love, 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 Love 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 first
extraordinary session of the seventy-eighth Legislature in the year
two thousand seven, 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 reports of the Joint Committee on Enrolled Bills were
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 March, 2007, 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. 101), Relating to the administration of estates by
fiduciary commissioners.
And,
(H. B. No. 102), Making a supplementary appropriation to the
Department of Agriculture, the West Virginia Conservation Agency,
the Department of Administration, Department of Education.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
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 23rd day of March, 2007, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 103), Making a supplementary appropriation to
Department of Administration - Division of General Services, Department of Commerce, Division of Natural Resources, etc.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
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 2nd day of April, 2007, 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:
(S. B. No. 1001), Authorizing certain pharmacy-related
practices.
And,
(S. B. No. 1002), Relating to compensation of West Virginia
State Police.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
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 communications from His Excellency,
the Governor, advising that on March 23, 2007, he had approved Enr.
House Bill No. 102 and Enr. House Bill No. 103; on April 2, 2007,
he had approved Enr. Senate Bill No. 1001; and on April 4, 2007, he
had approved Enr. Senate Bill No. 1002 and Enr. House Bill No. 101.
On motion of Senator Chafin, the first extraordinary session
of the Senate in the year two thousand seven adjourned sine die.
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