WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2006
FIFTH DAY
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Charleston, W. Va., Monday, November 13, 2006
The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Walt Helmick, a senator
from the fifteenth district.
Pending the reading of the Journal of Sunday, November 12,
2006,
On motion of Senator Kessler, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the third order of business.
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. 212--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 -
Consolidated Public Retirement Board, fund 0195, fiscal year 2007, organization 0205, 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, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--30.
The nays were: None.
Absent: Deem, Dempsey, Lanham and White--4.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 212) 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, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Deem, Dempsey, Lanham and White--4.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 212) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Deem, Dempsey, Lanham and White--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 212) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the sixth order of business.
Senators Sprouse, Tomblin (Mr. President), Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Unger, White and Yoder offered the
following resolution:
Senate Resolution No. 204--Recognizing the service of the
Honorable Russ Weeks, member of the West Virginia Senate and
dedicated public servant.
Whereas, Russ Weeks was born May 12, 1942, in Beckley, West
Virginia, the son of Russell E. and Jeannette Rees Weeks; and
Whereas, Russ Weeks is married to his beloved wife Helen and
is the proud father of two children, Sharon and Russell III; and
Whereas, Russ Weeks joined the United States Navy in 1959 and
served in Vietnam commanding a boat in the Mekong Delta. He also
participated in the Cuban Bay of Pigs Invasion and the Cuban
Missile Crisis, where his unit was the last American unit to return
to the United States. He retired from the United States Navy in
1978; and
Whereas, In 2002, the Honorable Russ Weeks was elected to the
West Virginia Senate from the ninth senatorial district; and
Whereas, During his four-year tenure in the Senate, the
Honorable Russ Weeks served on the Senate committees on the
Judiciary, Government Organization, Health and Human Resources,
Military, Energy, Industry and Mining, and Agriculture; therefore,
be it
Resolved by the Senate:
That the Senate hereby recognizes the service of the Honorable
Russ Weeks, member of the West Virginia Senate and dedicated public
servant; and, be it
Further Resolved, That the Senate hereby expresses its sincere
appreciation to the Honorable Russ Weeks for his dedication and
commitment to the citizens of the ninth senatorial district and the
State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Honorable Russ Weeks.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, and on
this question, Senator Fanning demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Deem, Dempsey, Lanham and White--4.
So, a majority of those present and voting having voted in the
affirmative, the President declared the resolution (S. R. No. 204)
adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
On motion of Senator Love, the special order of business set
for this position on the calendar (consideration of executive
nominations) was postponed and made a special order of business
under unfinished business on tomorrow, Tuesday, November 14, 2006.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Weeks.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, November 14, 2006, at 6 p.m.
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