__________*__________

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