WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2003

FIRST DAY

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Charleston, W. Va., Sunday, March 16, 2003

     Pursuant to the proclamation of His Excellency, the Governor, the Honorable Bob Wise, dated the fifteenth day of March, two thousand three, convening the seventy-sixth Legislature of West Virginia in extraordinary session today (Sunday, March 16, 2003), 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 Steve Harrison, a senator from the eighth district.
     On the call of the roll, the following answered to their names:
     Senators Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White 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, BOB WISE, 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 2003 Regular Session, as extended by proclamation dated March 5, 2003, 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, on this the Fifteenth day of March, in the year of our Lord, Two Thousand Three, and in the One Hundred Fortieth year of the State.

BOB WISE,
Governor.
By the Governor:

JOE MANCHIN III,
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 Prezioso, Kessler and Guills.
     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 Varner, Pino and Trump, 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 Love, Fanning and Boley.
     A message from the House of Delegates, by
     Delegates Varner, Pino and Trump, 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 Love reported that the joint Senate and House committee had performed the duty assigned to it.
     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. 101--A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the state fund, general revenue, from the state department of education - state aid to schools, fund 0317, fiscal year 2003, organization 0402, state fund, general revenue, to the state department of education, fund 0313, fiscal year 2003, organization 0402, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     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, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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. 101) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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. 101) 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. 102--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 three, in the amount of two million dollars from the premium tax savings fund, fund 2367, fiscal year 2003, organization 0218, 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 three, to the department of education and the arts - state board of rehabilitation - division of rehabilitation services, fund 0310, fiscal year 2003, organization 0932, and to the bureau of commerce - West Virginia development office, fund 0256, fiscal year 2003, organization 0307.
     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, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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 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 three, in the amount of three million three hundred fifty thousand dollars from the abandoned property claims trust, fund 1324, fiscal year 2003, organization 1300, and making supplementary appropriations of public moneys out of the treasury from the balance of moneys remaining as an unappropriated surplus balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand three, to the governor's office, fund 0101, fiscal year 2003, organization 0100, and to the state department of education, fund 0313, fiscal year 2003, organization 0402, all for expenditure during the fiscal year ending the thirtieth day of June, two thousand three.
     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, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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. 103) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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. 103) 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. 104--A Bill supplementing, amending and increasing items of the existing appropriations from the balance of moneys remaining as an unappropriated balance in lottery net profits to the West Virginia development office - division of tourism, fund 3067, fiscal year 2003, organization 0304, the state department of education, fund 3951, fiscal year 2003, organization 0402, the educational broadcasting authority - lottery education fund, fund 3587, fiscal year 2003, organization 0439, and the higher education policy commission - lottery education - higher education policy commission - control account, fund 4925, fiscal year 2003, organization 0441, all supplementing, amending and increasing the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     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, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 104) was then read a third time and put upon its passage.
     Prior to the call of the roll, Senator McCabe moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
     On the passage of the bill, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     Excused from voting: McCabe--1.
     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. 104) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     Excused from voting: McCabe--1.
     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. 104) 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. 105--A Bill expiring funds to the unappropriated balance in the state excess lottery revenue fund, for the fiscal year ending the thirtieth day of June, two thousand three, in the amount of seventeen million one hundred thousand dollars from the economic development authority - economic development project fund, fund 3167, fiscal year 2003, organization 0307; and transferring funds in the amount of eight million one hundred thousand dollars to the balance of the revenue shortfall reserve fund, fund 2038, fiscal year 2003, organization 0201.
     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, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 105) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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. 105) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--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. 105) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     At the request of Senator Chafin, and by unanimous consent, Senator Chafin addressed the Senate commending the new Senate members, the Senate Clerk's office staff and the Senate leadership.
     At the request of Senator Helmick, unanimous consent being granted, Senator Helmick addressed the Senate commending the Finance committee staff, the chairs of Education and Health and Human Resources, the new Senate members and the Senate President.
     At the request of Senator Kessler, and by unanimous consent, Senator Kessler addressed the Senate commending the Judiciary committee members.
     At the request of Senator Plymale, unanimous consent being granted, Senator Plymale addressed the Senate commending the Education committee members and the Senate President.
     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 Caldwell, Unger and Weeks.
     Subsequently, Senator Caldwell 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 Varner, Pino and Trump, 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 Edgell, Dempsey and Sprouse.
     Delegates Varner, Pino and Trump, 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 Edgell, Dempsey and Sprouse, 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 Edgell, 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 Edgell then reported this mission accomplished.
     At the request of Senator Rowe, 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-sixth Legislature in the year two thousand three, 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 Rowe, 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 20th day of March, 2003, 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), Supplementing, amending, reducing and increasing items of the existing appropriations from the state fund, general revenue.
     (H. B. No. 102), 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 three.
     (H. B. No. 103), 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 three.
     (H. B. No. 104), Supplementing, amending and increasing items of the existing appropriations from the balance of moneys remaining as an unappropriated balance in lottery net profits.
     And,
     (H. B. No. 105), Expiring funds to the unappropriated balance in the state excess lottery revenue fund, for the fiscal year ending the thirtieth day of June, two thousand three.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Greg Butcher,
                               Vice 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 21, 2003, he had approved Enr. House Bill No. 101, Enr. House Bill No. 102, Enr. House Bill No. 104 and Enr. House Bill No. 105.
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 21, 2003

The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
     I return as approved, pursuant to the provisions of law, Enrolled House Bill No. 103, which was presented to me on March 20, 2003.
     However, while I approve this supplementary appropriation, pursuant to the provisions of Article VI, Section 51, Subsection D(11), I object to a portion of the item contained on page 4, lines 45 and 46. Concisely stated, I object to the phrase "with no new money being appropriated" because it is an incorrect and inappropriate statement of the effect of the bill. Indeed, there is new money being appropriated through the bill because it provides for a transfer from the unappropriated surplus balance in the general revenue to the funds and organizations specified in the bill.
     You will note I have approved this bill on March 21, 2003.
                              Very truly yours,
                               Bob Wise,
                               Governor.
cc:  The Honorable Earl Ray Tomblin
     The Honorable Robert S. Kiss
     On motion of Senator Chafin, the first extraordinary session of the Senate in the year two thousand three adjourned sine die.
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