__________*__________
Sunday, March 21, 2004
Pursuant to the Proclamation of His Excellency, the Governor, issued on the twenty-first day
of March, 2004, and hereinafter set forth, convening the Legislature in Extraordinary Session on the
twenty-first day of March, 2004, the House of Delegates assembled in its Chamber in the Capitol
Building in the City of Charleston, and at 6:32 p.m., was called to order by the Speaker, the
Honorable Robert S. Kiss.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
Messages from the Executive
The Speaker laid before the House of Delegates the Proclamation of His Excellency, the
Governor, convening the Legislature in extraordinary session, which was read by the Clerk as
follows:
State of West Virginia
EXECUTIVE DEPARTMENT
Charleston
A PROCLAMATION
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 2004 Regular
Session, as extended by proclamation dated March 10, 2004, in its chambers in the State Capitol,
City of Charleston, for the sole purpose of considering and acting upon the following matters:
FIRST: Supplemental appropriation bills.
SECOND: A concurrent resolution recognizing the importance of continuing the health
science graduate education programs at West Virginia University, Marshall University and the West
Virginia School of Osteopathic Medicine and memorializing the base fiscal appropriations as an
investment in the State's future.
THIRD: A concurrent resolution relating to the Higher Education Improvement Fund.
FOURTH: Legislation, such as Regular Session 2004 Senate Bill No. 165, relating to higher
education generally, including, inter alia, simplifying the tuition and fee system at state institutions
of higher education.
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, City of Charleston, State of
West Virginia, this the Twenty-fifth day of March, in
the year of our Lord, Two Thousand Four, and in the
One Hundred Forty-First year of the State.
(Affix great seal here) Bob Wise,
Governor.
BY THE GOVERNOR
Joe Manchin, III,
Secretary of State.
The roll being called (Roll No. 780), and 94 members having answered to their names, the
Speaker declared the presence of a quorum.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had assembled in extraordinary session and was
ready to enter upon the business stated in the Proclamation by which it had been called together.
Whereupon,
The Speaker appointed as members of such Committee:
Delegates Manuel, Perdue and Smirl.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three,
to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor,
that the Legislature had assembled in extraordinary session and was ready to enter upon the business
stated in the Proclamation.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Manuel, Perdue and Smirl.
Delegate Manuel, from the committee to notify the Senate that the House of Delegates had
assembled in extraordinary session and was ready to proceed to the business of the session,
announced that the committee had discharged its assignment.
Delegate Manuel, from the committee to inform His Excellency, the Governor, that the
Legislature had assembled in extraordinary session pursuant to his Proclamation, announced the
performance of that duty.
Messages from the Senate
A message from the Senate, by
Senators Rowe, White and Smith, announced that the Senate had convened in extraordinary
session, pursuant to the Proclamation of the Governor, with a quorum present, and was ready to enter
upon the business for which the Legislature had been called together.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor,
submitting revised estimates of revenue, which was read by the Clerk, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 21, 2004
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia
EXECUTIVE MESSAGE NO. 1
2004 FIRST EXTRAORDINARY SESSION
Dear Speaker Kiss:
The following amends and replaces the "FY 2005 Official Estimate" "General Revenue Fund
- Statement of Revenues by Source" which I submitted to you on March 21, 2004, during the 2004
Regular Session in Executive Message No. 4:
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 946,400
Personal Income Tax 1,101,300
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 173,000
Miscellaneous Transfers 300
Interest Income 14,000
Severance Tax 162,000
Telecommunication Tax 11,000
Miscellaneous Receipts 2,000
Smokeless Tobacco Tax 4,800
HB102 - Lottery Transfers 87,800
Video Lottery Transfers 0
Liquor License Renewal 0
Special Revenue Transfer 40,756 1
JOBS/Growth Tax Relief - Transfer 0
Tax Amnesty ____________________________10,000
Total $________________________3,071,756___________2
1
Revised from $ 23,250 to $ 40,756 - Increase of $ 17,506
2
Revised from $ 3,054,250 to $ 3,071,756 - Increase of $ 17,506
This change is necessary in order to recognize $17,506,041 made available from the
expiration of the Higher Education Improvement Fund to the General Revenue Fund.
Thank you for your cooperation in this matter.
Sincerely,
Bob Wise,
Governor.
In accordance with Article VI, Section 51 of the Constitution, the message was received and
referred to the Committee on Finance.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, offered the following resolution, which was read by its title:
H. C. R. 1 - "Recognizing the importance of continuing the health science graduate
education programs at West Virginia University, Marshall University and the West Virginia School
of Osteopathic Medicine."
Whereas, The citizens of the State of West Virginia deserve access to physicians who are
well educated and well prepared to perform their duties; and
Whereas, The West Virginia University School of Medicine, the Marshall University
School of Medicine and the West Virginia School of Osteopathic Medicine supply the State of West
Virginia with highly skilled physicians and premium health care in various medical specialties; and
Whereas, The schools of medicine supply the State of West Virginia with highly skilled
physicians and premium healthcare in various medical specialties; and
Whereas, The schools of medicine additionally serve as the major referral source for the
necessary healthcare services utilized by all West Virginians, especially enrollees of the Medicaid
program; therefore, be it
Resolved by the Legislature of West Virginia:
That the base general revenue fiscal appropriations for the year ending June 30, 2004, for Higher Education institutions of health science education are as follows:
WVU - School of Health Sciences $ 43,683,902
WVU - School of Health Sciences - Charleston 3,909,083
WVU - School of Medicine BRIM Subsidy 1,115,519
Marshall Medical School 13,401,248
Marshall University Medical School BRIM Subsidy 564,721
School of Osteopathic Medicine 6,624,876
School of Osteopathic Medicine BRIM Subsidy 90,249
and, be it
Further Resolved, That these appropriations are hereby noted by the Legislature and
memorialized as an investment in our future.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Bills Introduced
On motion for leave, a bill was introduced and read by its title, as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Mezzatesta, Williams, Doyle, Leach
and Tabb:
H. B. 101 - "A Bill to repeal §18B-10-3, §18B-10-4a and §18B-10-10 of the code of West
Virginia, 1931, as amended; to amend and reenact §18B-5-4 of said code; to amend said code by
adding thereto a new section, designated §18B-9-2a; to amend and reenact §18B-10-1, §18B-10-2,
§18B-10-4, §18B-10-4b, §18B-10-5, §18B-10-6, §18B-10-7a, §18B-10-8, §18B-10-9, §18B-10-11,
§18B-10-12, §18B-10-13, §18B-10-14 and §18B-10-15 of said code; to amend said code by adding
thereto a new section, designated §18B-10-1b; and to amend and reenact §18C-3-1 of said code; all relating to fees collected and moneys expended by state institutions of higher education; tuition and
fee simplification for public higher education; clarifying authority of the West Virginia council for
community and technical college education related to community and technical college tuition and
fees; repealing obsolete language; expanding certain purchasing authority; modifying certain
purchasing procedures; expanding certain employee classifications; creating classifications of fees;
authorizing deferred payment plans for students; requiring maintenance of support for certain
instructional and student activities; clarifying authority of commission to enter into trust agreements;
clarifying purposes for which fees may be used; deleting certain restrictions on bookstore sales;
clarifying certain tuition and fee waiver provisions; and clarifying terms and conditions for the health
education student loan program."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 101) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
At 6:40 p.m., on motion of Delegate Staton, the House of Delegates recessed for twenty
minutes, and reconvened at that time.
Delegate Staton moved that the constitutional rule requiring the bill (H. B. 101) to be fully
and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 781), and there were--yeas 84, nays
9, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Blair, Border, Caputo, Ellem, Frich, Manchin, Schoen, Walters and Yeager.
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time.
Delegates Caruth, Frederick, Long and Yeager moved to amend the bill on page two, after the enacting section, by inserting the following:
"ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-8. Process for achieving independently accredited community and technical colleges.
(a) Over a six-year period beginning the first day of July, two thousand one, West Virginia
shall move from having 'component' community and technical colleges to having By the first day
of July, two thousand five, West Virginia shall have a statewide network of independently accredited
community and technical colleges serving every region of the state. This section does not apply to
the freestanding community and technical colleges or West Virginia university at Parkersburg. and
Potomac state college of West Virginia university.
(b) To be eligible for funds appropriated to develop independently accredited community and
technical colleges, a state institution of higher education shall demonstrate the following:
(1) That it has as a part of its institutional compact approved by the council and the
commission a step-by-step plan with measurable benchmarks for developing an independently
accredited community and technical college that meets the essential conditions set forth in section
three of this article;
(2) That it is able to offer evidence annually to the satisfaction of the council and the
commission that it is making progress toward accomplishing the benchmarks established in its
institutional compact for developing an independently accredited community and technical college;
and
(3) That it has submitted an expenditure schedule approved by the council and the
commission which sets forth a proposed plan of expenditures for funds allocated to it from the fund.
(c) The following are recommended strategies for moving from the current arrangement of
'component' community and technical colleges to the legislatively mandated statewide network of
independently accredited community and technical colleges serving every region of the state. The
Legislature recognizes that there may be other means to achieve this ultimate objective; however,
it is the intent of the Legislature that the move from the current arrangement of 'component' community and technical colleges to the legislatively mandated statewide network of independently
accredited community and technical colleges serving every region of the state shall be accomplished.
The following recommendations are designed to reflect significant variations among regions and the
potential impacts on the sponsoring institutions.
(1) New River community and technical college. -- of Bluefield state college
(A) Bluefield state shall retain its existing mission but place greater emphasis and priority
on its community and technical college role and serving the citizens of its expanded service district.
Subject to the provisions of section twelve of this article, the community and technical college will
remain administratively linked to Bluefield state college. Nothing herein may be construed to
require Bluefield state college to discontinue any associate degree program in areas of particular
institutional strength which are closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate
institution.
(B) Effective the first day of July, two thousand three, the component formerly known as
Bluefield state community and technical college shall become a
(A) There is continued the multicampus entity known as New River community and technical
college, administratively linked to Bluefield state college. The multicampus community and
technical college shall serve Raleigh, Summers, Fayette, Greenbrier, Clay, Mercer, McDowell,
Monroe, Nicholas, Pocahontas, and Webster counties and be New River community and technical
college is headquartered in the Beckley higher education center and incorporates the campuses of
Greenbrier community college center of New River community and technical college and Nicholas
community college center of New River community and technical college. The West Virginia
council for community and technical college education New River community and technical college
shall be an independently accredited community and technical college. The council shall appoint
an institutional board of advisors, pursuant to section one, article six of this chapter, for New River
community and technical college which is separate from the institutional board of governors of Bluefield state college. The board of advisors shall become the board of governors pursuant to
section one, article two-a of this chapter when the institution achieves independent accreditation.
__(B) Bluefield State College shall continue all existing nationally accredited associate degree
programs and those in areas of particular institutional strength which are closely articulated to their
baccalaureate programs and missions or which are of a high-cost nature and can be best provided
through direct administration by a baccalaureate institution. Those programs shall not be transferred
to New River or any other community and technical college as long as those programs maintain
national accreditation and, where their baccalaureate program counterparts exist at Bluefield State
College, are seemlessly coordinated into those baccalaureate programs.
__(C) Bluefield state college shall take immediate steps to seek independent accreditation of
(C) By the first day of July, two thousand five, New River community and technical college
including all sites within its revised service district shall be independently accredited. The president
and the board of governors of Bluefield state college are responsible for obtaining independent
accreditation of the community and technical college. by the thirty-first day of December, two
thousand four If the multi-campus entity known as New River community and technical college has
not obtained independent accreditation by this date, the commission council shall choose one of the
following options:
(i) Create New River as a freestanding community and technical college; or
(ii) Assign the responsibility for obtaining independent accreditation to another state
institution of higher education.
(D) The president and the board of governors of Bluefield state college also are accountable
to the commission council for ensuring that the full range of community and technical college
services is available throughout the region and that New River community and technical college
adheres to the essential conditions pursuant to section three of this article.
(E) As an independently accredited community and technical college, New River also shall
serve as a higher education center for its region by brokering with other colleges, universities and other providers, in state and out of state, both public and private, to ensure the coordinated access
of students, employers and other clients to needed programs and services.
(F) New River community and technical college shall facilitate participate in the planning
and development of a unified effort involving multiple providers and facilities, including, but not
limited to, Concord college, the college of West Virginia, Marshall university, West Virginia
university, West Virginia university institute of technology, and other entities to meet the
documented education and work force development needs in the region. Nothing in this subdivision
prohibits or limits any existing, or the continuation of any existing, affiliation between the college
of West Virginia mountain state university, West Virginia university institute of technology and
West Virginia university. New River community and technical college also shall provide the
facilities and support services for other public and private institutions delivering courses, programs
and services in Beckley. The objective is to assure students and employers in the area that there is
coordination and efficient use of resources among the separate programs and facilities, existing and
planned, in the Beckley area.
(2) Fairmont state community and technical college. -- Fairmont state community and
technical college shall be is an independently accredited community and technical college. serving
Marion, Doddridge, Barbour, Harrison, Monongalia, Preston, Randolph Taylor, Braxton, Calhoun,
Gilmer, Lewis, and Upshur counties. The community and technical college is developed on the base
of the existing component community and technical college of Fairmont state college. Subject to
the provisions of this section, the president and the governing board of Fairmont state college are
responsible, according to a plan approved by the commission council, for step-by-step
implementation of the independently accredited community and technical college which adheres to
the essential conditions pursuant to section three of this article. Subject to the provisions of section
twelve of this article, the community and technical college will remain administratively linked to
Fairmont state college. Nothing herein may be construed to require Fairmont state college to
discontinue any associate degree program Fairmont state college may continue associate degree programs in areas of particular institutional strength which are closely articulated to their
baccalaureate programs and missions or which are of a high-cost nature and can best be provided in
direct coordination with a baccalaureate institution. Any such program shall be delivered under the
authority of the council and through contract with the community and technical college. The terms
of the contract shall be negotiated between the council and the governing board of the sponsoring
institution. The final contract is approved by the council. Such a program shall be evaluated
according to the benchmarks and indicators for community and technical college education
developed by the council. If the council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter be delivered by the community
and technical college.
(3) Marshall university community and technical college. -- Senate Bill 653 created an
implementation board charged with the responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver comprehensive community and
technical college education to the citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia university institute of technology.
Pursuant to the recommendation of the implementation board and of the commission, Marshall
university community and technical college shall become is an independently accredited community
and technical college. It shall serve Cabell, Kanawha, Mason, Putnam and Wayne counties. The
new community and technical college is developed on the base of the existing component
community and technical college of Marshall university. Subject to the provisions of this section,
the president and the governing board of Marshall university are responsible, according to a plan
approved by the commission council, for step-by-step implementation of the new independently
accredited community and technical college which adheres to the essential conditions pursuant to
section three of this article. Subject to the provisions of section twelve of this article, the community
and technical college will remain administratively linked to Marshall university. Nothing herein may
be construed to require Marshall university to discontinue any associate degree program Marshall university may continue associate degree programs in areas of particular institutional strength which
are closely articulated to their baccalaureate programs and missions or which are of a high-cost
nature and can best be provided in direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the council and through contract with the
community and technical college. The terms of the contract shall be negotiated between the council
and the governing board of the sponsoring institution. The final contract is approved by the council.
Such a program shall be evaluated according to the benchmarks and indicators for community and
technical college education developed by the council. If the council determines that the program is
making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be
delivered by the community and technical college.
(4) Shepherd The community and technical college of Shepherd. -- Shepherd The community
and technical college of Shepherd shall become an independently accredited community and
technical college. It shall serve Jefferson, Berkeley and Morgan counties. The new community and
technical college is developed on the base of the existing component community and technical
college of Shepherd college. Subject to the provisions of this section, the president and the
governing board of Shepherd college are responsible, according to a plan approved by the
commission council, for step-by-step implementation of the new independently accredited
community and technical college which adheres to the essential conditions pursuant to section three
of this article. Subject to the provisions of section twelve of this article, the community and
technical college will remain administratively linked to Shepherd college. Nothing herein may be
construed to require Shepherd college to discontinue any associate degree program Shepherd college
may continue associate degree programs in areas of particular institutional strength which are closely
articulated to their baccalaureate programs and missions or which are of a high-cost nature and can
best be provided in direct coordination with a baccalaureate institution. Any such program shall be
delivered under the authority of the council and through contract with the community and technical
college. The terms of the contract shall be negotiated between the council and the governing board of the sponsoring institution. The final contract is approved by the council. Such a program shall
be evaluated according to the benchmarks and indicators for community and technical college
education developed by the council. If the council determines that the program is making
insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered
by the community and technical college.
(5) West Virginia state community and technical college. -- Senate Bill 653 created an
implementation board charged with the responsibility to develop a plan, to be recommended to the
commission, for the most effective and efficient method to deliver comprehensive community and
technical college education to the citizens and employers of the responsibility areas of Marshall
university, West Virginia state college and West Virginia university institute of technology.
Pursuant to the recommendation of the implementation board and of the commission, West Virginia
state community and technical college shall become an independently accredited community and
technical college. It shall serve Kanawha, Putnam and Clay counties. The new community and
technical college is developed on the base of the existing component community and technical
college of West Virginia state college. Subject to the provisions of this section, the president and
the governing board of West Virginia state college are responsible, according to a plan approved by
the commission council, for step-by-step implementation of the new independently accredited
community and technical college which adheres to the essential conditions pursuant to section three
of this article. Subject to the provisions of section twelve of this article, the community and
technical college will remain administratively linked to West Virginia state college. Nothing herein
may be construed to require West Virginia state college to discontinue any associate degree program
West Virginia state college may continue associate degree programs in areas of particular
institutional strength which are closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate
institution. Any such program shall be delivered under the authority of the council and through
contract with the community and technical college. The terms of the contract shall be negotiated between the council and the governing board of the sponsoring institution. The final contract is
approved by the council. Such a program shall be evaluated according to the benchmarks and
indicators for community and technical college education developed by the council. If the council
determines that the program is making insufficient progress toward accomplishing the benchmarks,
the program shall thereafter be delivered by the community and technical college.
(6) The community and technical college at West Virginia university institute of technology.
-- Senate Bill 653 created an implementation board charged with the responsibility to develop a plan,
to be recommended to the commission, for the most effective and efficient method to deliver
comprehensive community and technical college education to the citizens and employers of the
responsibility areas of Marshall university, West Virginia state college and West Virginia university
institute of technology. Pursuant to the recommendation of the implementation board and of the
commission The community and technical college at West Virginia university institute of technology
community and technical college shall become is an independently accredited community and
technical college. It shall serve Fayette, Clay, Kanawha, Raleigh and Nicholas counties. The new
community and technical college is developed on the base of the existing component community and
technical college of West Virginia university institute of technology. Subject to the provisions of
this section, the president and the governing board of West Virginia university institute of technology
are responsible, according to a plan approved by the commission, for step-by-step implementation
of the new independently accredited community and technical college which adheres to the essential
conditions pursuant to section three of this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain administratively linked to West Virginia
university institute of technology. Nothing herein may be construed to require West Virginia
university institute of technology to discontinue any associate degree program West Virginia
university institute of technology may continue associate degree programs in areas of particular
institutional strength which are closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through
contract with the community and technical college. The terms of the contract shall be negotiated
between the council and the governing board of the sponsoring institution. The final contract is
approved by the council. Such a program shall be evaluated according to the benchmarks and
indicators for community and technical college education developed by the council. If the council
determines that the program is making insufficient progress toward accomplishing the benchmarks,
the program shall thereafter be delivered by the community and technical college.
__(d) For each administratively linked community and technical college which fails to achieve
independent accreditation by the first day of July, two thousand five, the council shall choose one
of the following options:
__(1) Create the administratively linked institution as a freestanding community and technical
college; or
__(2) Assign the responsibility for obtaining independent accreditation to another state
institution of higher education.
__The president and the board of governors of each sponsoring institution is accountable to the
council for ensuring that the community and technical college is able to meet the conditions for
independent accreditation and adheres to the essential conditions pursuant to section three of this
article."
And,
On page one, by amending the enacting section, to read as follows:
"That §18B-10-3, §18B-10-4a and §18B-10-10 of the code of West Virginia, 1931, as
amended, be repealed; that §18B-3C-8 §18B-4-7 be amended and reenacted; that said code be
amended by adding thereto a new section, designated §18B-4-9; that §18B-5-4 be amended and
reenacted; that said code be amended by adding thereto a new section, designated §18B-9-2a; that
§18B-10-1, §18B-10-2, §18B-10-4, §18B-10-4b, §18B-10-5, §18B-10-6, §18B-10-7, §18B-10-7a,
§18B-10-8, §18B-10-9, §18B-10-11, §18B-10-12, §18B-10-13, §18B-10-14 and §18B-10-15 of said code be amended and reenacted; that said code be amended by adding thereto a new section,
designated §18B-10-1b; that §18C-3-1 of said code be amended and reenacted, all to read as
follows" followed by a colon.
On the adoption of the amendment, the yeas and nays were taken (Roll No. 782), and there
were--yeas 40, nays 53, absent and not voting 7, with the yeas and absent and not voting being as
follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Butcher, Calvert, Caputo,
Carmichael, Caruth, Duke, Ellem, Evans, Ferrell, Frederick, Frich, Hall, Hamilton, Howard, Kuhn,
Leggett, Long, Louisos, Manchin, Overington, Romine, Schadler, Schoen, Smirl, Sobonya, Sumner,
Susman, R. Thompson, Trump, Wakim, Walters, Webb, G. White and Yeager.
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
Delegates Smirl and Morgan moved to amend the bill on page forty-seven, section eleven,
line sixteen, after the word "state" and the period, by inserting the following: "The governing board
of West Virginia university and Marshall university shall enter into a contract for the varsity football
teams to compete in annual football contests."
Delegates Staton and Varner moved to amend the amendment on page one, following the
words "West Virginia", by inserting the word "State".
The question being on the adoption of the amendment to the amendment, the same was put
and did not prevail.
On the adoption of the amendment, Delegate Staton demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 783), and there were--yeas
27, nays 66, absent and not voting 7, with the yeas and absent and not voting being as follows:
Yeas: Ashley, Border, Calvert, Canterbury, Carmichael, Craig, Duke, Evans, Foster, Hall,
Howard, Leach, Leggett, Long, Morgan, Overington, Perdue, Romine, Schadler, Schoen, Smirl,
Sobonya, Sumner, R. Thompson, Wakim, Webb and G. White.
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
At the request of Delegate Staton, and by unanimous consent, the bill (H. B. 101) was then
moved to the foot of bills on First Reading.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1002 - "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 four, to
the department of health and human resources - division of human services - health care provider
tax, fund 5090, fiscal year 2004, organization 0511, all supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June, two thousand four."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1002) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 784), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 785), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1002) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 786), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1002) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1003 - "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 four, to
the department of health and human resources - division of health - hospital services revenue account, fund 5156, fiscal year 2004, organization 0506, all supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June, two thousand four."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1003) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 787), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 788), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1003) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 789), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1003) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1004 - "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 four, to
the public service commission, fund 8623, fiscal year 2004, organization 0926, all supplementing
and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand
four.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1004) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 790), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 791), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1004) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 792), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1004) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1005 - "A Bill making a supplementary appropriation of federal funds out of the
treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand four, to the department of health and human resources - division
of human services, fund 8722, fiscal year 2004, organization 0511, all supplementing and amending
the appropriation for the fiscal year ending the thirtieth day of June, two thousand four."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1005) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 793), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 794), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1005) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 795), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1005) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 1006 - "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 four, in the amount
of $19,418,121.38 from the tax reduction and federal funding increased compliance fund, fund 1732,
fiscal year 2004, organization 2300, 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 four, by supplementing, adding, and increasing the department of agriculture -
state conservation committee, fund 0132, fiscal year 2004, organization 1400, to the department of
administration - public defender services, fund 0226, fiscal year 2004, organization 0221, to the state
department of education, fund 0313, fiscal year 2004, organization 0402, to the division of human
services, fund 0403, fiscal year 2004, organization 0511, to the department of military affairs and
public safety - division of corrections - correctional units, fund 0450, fiscal year 2004, organization
0608, to the department of military affairs and public safety - west virginia state police, fund 0453,
fiscal year 2004, organization 0612, to the division of forestry, fund 0250, fiscal year 2004,
organization 0305, to the west virginia development office, fund 0256, fiscal year 2004, organization
0307, to the department of tax and revenue - tax division, fund 0470, fiscal year 2004, organization
0702."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1006) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 796), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
Delegates Trump, Palumbo, Browning, Schoen, Webb and Ellem requested to be excused
from voting on the passage of S. B. 1006 under the provisions of House Rule 49, stating that they
are often appointed to handle public defender cases and that the public defender services are funded
by state appropriated funds.
The Speaker refused to excuse the members from voting, stating that they were members of
a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
On the passage of the bill, the yeas and nays were taken (Roll No. 797), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1006) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 798), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1006) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1007 - "A Bill expiring funds to the unappropriated balance in the state fund, general
revenue, for the fiscal year ending the thirtieth day of June, two thousand five, in the amount of ten
million dollars from the higher education improvement fund, fund 4297, fiscal year 2003,
organization 0441, activity 096 and in the amount of seven million five hundred six thousand forty-
one dollars from the higher education improvement fund, fund 4297, fiscal year 2002, organization
0441, activity 096."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1007) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 799), and there were--yeas 92, nays
none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Hall, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 800), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1007) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 801), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1007) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1008 - "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 four, to
the department of environmental protection - division of environmental protection - stream
restoration fund, fund 3349, fiscal year 2004, organization 0313, all supplementing and amending
the appropriation for the fiscal year ending the thirtieth day of June, two thousand four."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1008) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 802), and there were--yeas 90, nays
3, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Carmichael, Duke and Sumner.
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 803), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1008) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 804), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1008) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1009 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the state fund, general revenue, to the higher education policy commission -
higher education policy commission - system - control account, fund 0586, fiscal year 2004,
organization 0442, the department of health and human resources - consolidated medical service
fund, fund 0525, fiscal year 2004, organization 0506 and the department of health and human
resources - division of human services, fund 0403, fiscal year 2004, organization 0511,
supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June,
two thousand four."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1009) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 805), and there were--yeas 92, nays
none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Poling, Renner, Shelton
and Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 806), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1009) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 807), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1009) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1010 - "A Bill supplementing, amending, reducing and increasing items of the existing
appropriations from the state fund, general revenue, to the department of higher education policy
commission - higher education policy commission - system - control account, fund 0586, fiscal year
2005, organization 0442, the department of health and human resources - consolidated medical
service fund, fund 0525, fiscal year 2005, organization 0506 and the department of health and human
resources - division of human services, fund 0403, fiscal year 2005, organization 0511,
supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June,
two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1010) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 808), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 809), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1010) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 810), and there were--yeas 92, nays
1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Frich.
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1010) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1011 - "A Bill supplementing, amending, reducing and increasing items of the existing
appropriations from the state fund, general revenue, to the department of military affairs and public
safety - West Virginia parole board, fund 0440, fiscal year 2004, organization 0605, supplementing
and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand
four."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1011) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 811), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 812), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1011) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 813), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1011) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1012 - "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 four, in the amount
of five million dollars from the revenue shortfall reserve fund, fund 2038, organization 0201, 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 four, to the
governor's office - civil contingent fund, fund 0105, fiscal year 2004, organization 0100."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1012) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 814), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 815), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1012) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 816), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1012) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1013 - "A Bill expiring funds to the unappropriated balance in the state fund, general
revenue, for the fiscal year ending the thirtieth day of June, two thousand four, in the amount of five
million dollars from the PROMISE scholarship fund, fund 4296, fiscal year 2004, organization 0441,
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 four, by supplementing and increasing the department of military affairs and public safety - division of
corrections - correctional units, fund 0450, fiscal year 2004, organization 0608."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1013) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 817), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 818), and there were--yeas
92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Frich.
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1013) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 819), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1013) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 1014 - "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 higher education policy commission - higher education policy commission -
system - control account, fund 0586, fiscal year 2005, organization 0442, supplementing and
amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 1014) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 820), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 821), and there were--yeas
92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Calvert, Coleman, Faircloth, Fragale, Houston, Renner, Shelton
and Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1014) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 822), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 1014) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title:
S. C. R. 1001 - "Authorizing the issuance of revenue bonds payable from the excess lottery
revenue fund to provide new capital improvements consisting of facilities, buildings and structures
for state institutions of higher education."
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the code of West
Virginia, 1931, as amended, provides for the allocation and appropriation of state excess lottery
revenues; and
Whereas, The West Virginia Higher Education Policy Commission is a governmental instrumentality of the State of West Virginia empowered and authorized to issue bonds by sections
one and eight, article ten, chapter eighteen-b of the code of West Virginia, 1931, as amended, and
section one, article twelve-b, chapter eighteen of said code; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two,
chapter twenty-nine of the code of West Virginia, 1931, as amended, a special revenue fund within
the state lottery fund in the state treasury was established and is known as the "state excess lottery
revenue fund". From this fund the State Lottery Commission is to deposit ten million dollars
annually to the Higher Education Improvement Fund for Higher Education; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two,
chapter twenty-nine of the code of West Virginia, 1931, as amended, the adoption of a concurrent
resolution by the Legislature authorizes the issuance of bonds and payment of debt service on the
bonds from the Higher Education Improvement Fund for Higher Education. The bonds may be
issued by the Higher Education Policy Commission, payable from the Higher Education
Improvement Fund for Higher Education and, as may be authorized by the Commission, from
revenues pledged from a combination of tuition and registration fees. The Lottery Commission shall
deposit into the Higher Education Improvement Fund for Higher Education, created pursuant to said
section, the sum of ten million dollars in each fiscal year to be used to pay debt service on the
revenue bonds issued by the Commission to finance improvements for state institutions of higher
education. The revenues pledged for the repayment of principal and interest on these bonds may also
include tuition and registration fees authorized by sections one and eight, article ten, chapter
eighteen-b of said code and section one, article twelve-b, chapter eighteen of said code; and
Whereas, Every issue of the Commission's bonds shall be special obligations of the
Commission, payable solely from the tuition and registration fees, the excess lottery revenue fund
and such other sources as may be authorized by the Commission; and
Whereas, The bonds shall be authorized by resolution of the Commission, shall bear the
date, shall mature at time or times not exceeding forty years from the date of issue and shall bear such rate or rates of interest as the resolution may provide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the issuance of revenue bonds payable from the excess
lottery revenue fund to provide new capital improvements consisting of facilities, buildings and
structures for state institutions of higher education; and, be it
Further Resolved, That the Higher Education Policy Commission may pledge for the
repayment of principal and interest on revenue bonds issued pursuant to sections one and eight,
article ten, chapter eighteen-b of the code of West Virginia, 1931, as amended, and section one,
article twelve-b, chapter eighteen of said code the revenues in the Higher Education Improvement
Fund for Higher Education authorized by section eighteen-a, article twenty-two, chapter twenty-nine
of said code and other revenues as may be authorized by the Commission. The revenues pledged
for the repayment of principal and interest on such bonds may also include tuition and registration
fees authorized by sections one and eight, article ten, chapter eighteen-b of said code and section one,
article twelve-b, chapter eighteen of said code; and, be it
Further Resolved, That every issue of its bonds shall be special obligations of the
Commission, payable solely from the tuition and registration fees or other sources available to the
Commission which are pledged therefor, including the Higher Education Improvement Fund for
Higher Education; and, be it
Further Resolved, That, upon resolution of the Commission, the funds deposited into the
Higher Education Improvement Fund for Higher Education shall be deposited into the State System
Tuition Fee Special Capital Improvements Fund created under section two, article twelve-b, chapter
eighteen of the code of West Virginia, 1931, as amended, and used to pay debt service on bonds
authorized to be issued pursuant to this resolution and any funds not so applied may be used by the
Commission only to make capital improvements at state institutions of higher education; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Governor and the Commission.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (S.
C. R. 1001) to a committee was dispensed with, and it was taken up for immediate consideration and
adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 1, Recognizing the importance of continuing the health science graduate education
programs at West Virginia University, Marshall University and the West Virginia School of
Osteopathic Medicine.
The House of Delegates then proceeded to further consideration of H. B. 101, Relating to
fees collected and moneys expended by state institutions of higher education; on second reading,
having been postponed until this time, was reported by the Clerk.
Delegate Manchin moved to amend the bill on page forty-eight, line twenty-four, by
reinserting the stricken words "directors of athletics at" and striking out the words "governing
board".
On page forty-nine, lines one and two, by reinserting the stricken words "state" and "of
higher education" and striking out the words "under its jurisdiction".
On lines two and three, by striking out the words "The governing board" and inserting in lieu
thereof the words "The director of athletics".
On line seven, following the word "deposited", by striking out the remainder of the paragraph
and inserting in lieu thereof the words "into the athletic accounts of the state institutions and be
expended for any purpose considered necessary and proper by the director of athletics".
On the adoption of the amendment, Delegate Manchin demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 823), and there were--yeas
26, nays 67, absent and not voting 7, with the yeas and absent and not voting being as follows:
Yeas: Ashley, Border, Calvert, Caputo, Carmichael, Caruth, DeLong, Duke, Ellem, Frich,
Hamilton, Kuhn, Leggett, Louisos, Manchin, Overington, Romine, Schadler, Schoen, Sobonya,
Sumner, R. Thompson, Wakim, Walters, Webb and Yeager.
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
The bill was then ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 824),
and there were--yeas 78, nays 15, absent and not voting 7, with the nays and absent and not voting
being as follows:
Nays: Armstead, Caputo, Carmichael, Ellem, Hamilton, Leggett, Louisos, Manchin, Perdue,
Romine, Schoen, Thompson, R., Tucker, Walters and Yeager.
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 101) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 825), and there were--yeas 88, nays
5, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Armstead, Leggett, Louisos, Schoen and Walters.
Absent And Not Voting: Coleman, Faircloth, Fragale, Houston, Renner, Shelton and
Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 101) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 101, Relating to fees collected and moneys expended by state institutions of higher
education.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Coleman, Faircloth, Houston, Renner, Shelton and Spencer.
Miscellaneous Business
Delegate Long asked and obtained unanimous consent that the remarks of Delegates Caruth,
Yeager, Doyle and Frederick regarding H. B. 101 be printed in the Appendix to the Journal.
Delegate Frich asked and obtained unanimous consent that the remarks of Delegate Caputo
regarding H. B. 101 be printed in the Appendix to the Journal.
Delegate Trump asked and obtained unanimous consent that the remarks of Delegate Smirl
regarding her amendment to H. B. 101 be printed in the Appendix to the Journal.
At the request of Delegate Butcher, and by unanimous consent, permission was granted the
Joint Committee on Enrolled Bills, after it had 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 session of the Legislature, to file its report with the Clerk and that such reports be included
in the final Journal of this session, and that communications from His Excellency, the Governor, as
to his action on bills after adjournment of the session, also be included in the Journal.
In accordance with the foregoing unanimous consent request, Delegate Butcher filed reports
of the Joint Committee on Enrolled Bills as follows
March 25, 2004
(S. B. 1002), Making supplementary appropriation to department of health and human
resources, division of human services, health care provider tax,
(S. B. 1003), Making supplementary appropriation to department of health and human
resources, division of health, hospital services revenue account,
(S. B. 1004), Making supplementary appropriation to public service commission,
(S. B. 1005), Making supplementary appropriation of federal funds to department of health
and human resources, division of human services,
(S. B. 1006), Expiring funds to unappropriated surplus balance in general revenue from tax
reduction and federal funding increased compliance fund,
(S. B. 1007), Expiring funds to unappropriated balance in general revenue from higher
education improvement fund,
(S. B. 1008), Making supplementary appropriation to department of environmental
protection, division of environmental protection, stream restoration fund,
(S. B. 1009), Supplementing, amending, reducing and increasing items from general revenue
to higher education policy commission, higher education policy commission, control account,
(S. B. 1010), Supplementing, amending, reducing and increasing items from general revenue
to department of higher education policy commission,
(S. B. 1011), Supplementing, amending, reducing and increasing items from general revenue
to department of military affairs and public safety, West Virginia parole board,
(S. B. 1012), Expiring funds to governors office, civil contingent fund,
(S. B. 1013), Expiring funds to unappropriated balance in general revenue fund to department
of military affairs and public safety, division of corrections,
And,
(S. B. 1014), Supplementing, amending, reducing and increasing items of existing
appropriations from state fund general revenue to higher education policy commission, control
account.
April 2, 2004
(H. B. 101), Relating to fees collected and moneys expended by state institutions of higher
education.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had completed the business of this the First
Extraordinary Session of the Seventy-sixth Legislature and was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Manuel, Perdue and Smirl.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three
on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His
Excellency, the Governor, that the Legislature was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Manuel, Perdue and Smirl.
Messages from the Senate
A message from the Senate, by
Senators Rowe, White and Smith, announced that the Senate had completed the business of
this First Extraordinary Session and was ready to adjourn sine die.
Delegate Manuel, from the Committee to notify the Senate of impending sine die
adjournment, announced that the committee had performed that duty.
Delegate Manuel, from the Committee to inform His Excellency, the Governor, that the
Legislature had completed the business of this First Extraordinary Session and was ready to adjourn sine die, announced the performance of that duty.
Messages from the Executive
Subsequent to the adjournment of the session, communications were received from His
Excellency, the Governor, advising that on March 16, 2004, he approved S. B.1002, S. B. 1003, S.
B. 1004, S. B. 1005, S. B. 1007, S. B. 1008, S. B. 1009, S. B. 1010, S. B. 1011, S. B. 1012 and S.
B. 1014; and on April 7, 2004, he approved H. B. 101.
Subsequent to the adjournment of session, the following communications were received from
His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both
houses, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 26, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I
hereby return Enrolled Senate Bill No. 1006 approved with objections.
I disapprove the appropriation of $3,953,578 to the Local Economic Development Assistance
Surplus in Fund 0256, Fiscal Year 2004, Organization 0307 at line 40a, and hereby reduce that
amount to $2,200,000. The amount remaining in the fund is enough to satisfy current State
obligations to support State economic development projects. The additional monies are unnecessary and should be considered fro appropriations by the Legislature to other worthwhile uses. In point of
fact, the Budget Bill enacted by the Legislature failed to provide any funding for the Sunny Day
Fund, a tool available to governors in surrounding states for attracting and retaining business and
jobs and one that I have used in the past to successfully attract several new businesses to out State.
The restoration of the Sunny Day Fund with the balance reduced from that line item would be an
appropriate and preferred use of those monies.
For the reasons stated herein, I must object to the portion of Enrolled Senate Bill No. 1006
discussed above, and reduce the amount of money appropriated to the Local Economic Development
Assistance Surplus as set forth above, while permitting the remaining portions to become law.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 26, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I
hereby veto Enrolled Senate Bill No. 1013.
Enrolled Senate Bill No. 1013 is a supplementary appropriation bill that expires $5 million surplus carryover funds out of the PROMISE Scholarship Fund to the General Revenue Fund.
Removing such funds from the PROMISE Scholarship Fund may delay the full and timely funding
of the PROMISE Scholarship Program.
During budget negotiations, it was assumed that these carryover funds were not necessary
for cash flow purposes. However, discussions with the PROMISE Scholarship Board of Control led
to the conclusion that the $5 million reallocated in the Enrolled Senate Bill No. 1013 was indeed
needed for PROMISE.
The PROMISE Scholarship Program is of great importance to the State of West Virginia and
the thousands of students and parents who have come to depend on it. For the reasons stated above,
I must veto Enrolled Senate Bill No. 1013.
Very truly yours,
Bob Wise,
Governor.
There being no further business to come before the House, at 8:40 p.m., on motion of
Delegate Staton, the House of Delegates adjourned sine die.
__________*__________
We hereby certify that the forgoing record of the proceedings of the House of Delegates,
First Extraordinary Session, 2004, is the official Journal of the House of Delegates for said session.
Robert S. Kiss
Speaker of the House of Delegates
Gregory M. Gray
Clerk of the House of Delegates