WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2003

FOURTH DAY

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Charleston, W. Va., Friday, June 13, 2003

     The Senate met at 12 Noon.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Larry L. Rowe, a senator from the seventeenth district.
     Pending the reading of the Journal of Thursday, June 12, 2003,
     On motion of Senator Minear, the Journal was approved and the further reading thereof dispensed with.
     On motion of Senator Love, the special order of business set for this position on the calendar (consideration of legislative nomination) was postponed and placed under unfinished business for tomorrow, Saturday, June 14, 2003.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the fourth order of business.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 2007, Amending state excess lottery revenue fund.
     And has amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on June 10, 2003;
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Chafin, unanimous consent being granted, the bill (S. B. No. 2007) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
     On page two, section eighteen-a, line ten, by striking out the words "hereby created" and inserting in lieu thereof the word "continued";
     On page two, section eighteen-a, line eleven, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page two, section eighteen-a, line thirteen, by striking out the words "shall consist" and inserting in lieu thereof the word "consists";
     On page nine, section eighteen-a, line seven, by striking out the words "hereby created" and inserting in lieu thereof the word "continued";
     On page ten, section eighteen-a, line twenty-three, by striking out "(d)";
     On page twelve, section eighteen-a, line eleven, by striking out the word "deemed" and inserting in lieu thereof the word "considered";
     On page fourteen, section eighteen-a, line nine, by striking out "(d)";
     On page fifteen, section eighteen-a, line nineteen, by striking out the word "Should" and inserting in lieu thereof the word "If";
     On page fifteen, section eighteen-a, line twenty-one, by striking out "(d)";
     On page fifteen, section eighteen-a, line twenty-one, by striking out the word "hereby";
     On page sixteen, section eighteen-a, line three, by striking out "(12)";
     On page sixteen, section eighteen-a, line thirteen, by striking out the word "foregoing" and inserting in lieu thereof the words "provisions of this subsection";
     And,
     On page sixteen, section eighteen-a, line fifteen, by striking out the word "aforesaid".
     The bill (S. B. No. 2007), as amended, was then ordered to engrossment and third 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, Bowman, 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, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Unger--1.
     Engrossed Senate Bill No. 2007 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, White and Tomblin (Mr. President)--29.
     The nays were: Guills, Harrison, Smith and Weeks--4.
     Absent: Unger--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2007) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, White and Tomblin (Mr. President)--29.
     The nays were: Guills, Harrison, Smith and Weeks--4.
     Absent: Unger--1.
     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. 2007) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 2015 (originating in the Committee on Finance)--A Bill to amend and reenact section eleven, article one, chapter nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section nine-a, article twenty-two, chapter twenty-nine of said code, all relating to the receipt and disbursement of funds for the architectural fees and project costs for the construction of a veterans' nursing home; and clarifying that only operational costs are appropriated by the Legislature.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 2015) contained in the preceding report from the Committee on Finance 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, Bowman, 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, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Unger--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 2015 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, 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, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Unger--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2015) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, 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, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Unger--1.
     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. 2015) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the sixth order of business.
Petitions

     Senator Plymale presented a petition from Deborah R. Freidin and forty-nine West Virginia residents, urging the Legislature to support workers' compensation reform legislation permitting injured workers the right to select doctors of their choice.
     Referred to the Committee on the Judiciary.
     Senator McCabe presented a petition from Terry Bryant and numerous West Virginia residents, urging the Legislature to support workers' compensation reform legislation permitting injured workers the right to select doctors of their choice.
     Referred to the Committee on the Judiciary.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senator Rowe.
     The Senate then proceeded to the thirteenth order of business.
     At the request of Senator White, unanimous consent being granted, it was ordered that the Journal show had Senator White been present in the chamber on yesterday, Thursday, June 12, 2003, he would have voted "yea" on the passage of Engrossed Senate Bill No. 2001, Engrossed Senate Bill No. 2003, Engrossed Senate Bill No. 2009, Engrossed Senate Bill No. 2010, Engrossed Senate Bill No. 2011, Engrossed Committee Substitute for Senate Bill No. 2012, Engrossed Senate Bill No. 2014, Engrossed House Bill No. 202, Engrossed House Bill No. 203, Engrossed House Bill No. 204 and Engrossed House Bill No. 205; and "nay" on the passage of Engrossed Senate Bill No. 2013.
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Saturday, June 14, 2003, at 2 p.m.
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