WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2004
FIRST DAY
____________
Charleston, W. Va., Sunday, March 21, 2004
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Bob Wise, dated the twenty-first day of March, two
thousand four, convening the seventy-sixth Legislature of West
Virginia in extraordinary session today (Sunday, March 21, 2004),
under the provisions of section seven, article seven of the
Constitution of West Virginia, the Senate assembled in its chamber
in the state capitol in the City of Charleston immediately upon
adjournment sine die of the Extended Budget Session and was called
to order by its President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Larry L. Rowe, a senator
from the seventeenth district.
On the call of the roll, the following answered to their
names:
Senators Bailey, Boley, Bowman, Caldwell, Dempsey, Edgell,
Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks,
White and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was read by the
Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, BOB WISE, GOVERNOR of the State of West Virginia, by virtue
of the authority vested in me by Section 7, Article VII of the
Constitution of West Virginia, do hereby call the Legislature of
West Virginia to convene in Extraordinary Session upon adjournment
sine die of the 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: Supplementary 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 Engrossed
Committee Substitute for 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 in the City of
Charleston, State of West
Virginia, on this the Twenty-
first day of March, in the year
of our Lord, Two Thousand Four,
and in the One Hundred Forty-
first year of the State.
BOB WISE,
Governor.
By the Governor:
JOE MANCHIN III,
Secretary of State.
Senator Bailey offered the following resolution:
Senate Resolution No. 101--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
At the request of Senator Bailey, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Rowe, White and Smith.
Subsequently, Senator Rowe, from the committee to notify the
House of Delegates the Senate has assembled in extraordinary session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Manuel, Perdue and Smirl, announced that the House
of Delegates has assembled in extraordinary session, with a quorum
present, and is ready to proceed with the business stated in the
proclamation convening the Legislature.
Senator Bailey then offered the following resolution:
Senate Resolution No. 102--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
At the request of Senator Bailey, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Sharpe, Fanning and Boley.
A message from the House of Delegates, by
Delegates Manuel, Perdue and Smirl, announced that the Speaker
had appointed them a committee of three to join with a similar
committee on the part of the Senate to wait upon the Governor,
under the provisions of Senate Resolution No. 102. Senate and
House members of this select committee then proceeded to the
executive offices.
Subsequently, Senator Sharpe reported that the joint Senate
and House committee had performed the duty assigned to it.
The Senate proceeded to the third order of business.
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 21, 2004
Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
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 Senate Executive Message No. 6:
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 compliance with Article VI, Section 51 of the Constitution,
the Senate consented to receive the foregoing amendments to the
Budget Bill, which were referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced and read by their titles:
By Senator Helmick:
Senate Bill No. 1001--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 five million dollars from the state department of
education - school building authority - school construction fund,
fund 3951, fiscal year 2005, organization 0402.
Referred to the Committee on Finance.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--30.
The nays were: Smith and Weeks--2.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1002 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Unger, White and Tomblin (Mr. President)--29.
The nays were: Harrison, Smith and Weeks--3.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1002) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--29.
The nays were: Harrison, Smith and Weeks--3.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1002) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
The nays were: Smith and Weeks--2.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1003 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--30.
The nays were: Smith and Weeks--2.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1003) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
The nays were: Smith and Weeks--2.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1003) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1004 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 1004) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1004) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--30.
The nays were: Smith and Weeks--2.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1005 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe,
Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--29.
The nays were: Plymale, Smith and Weeks--3.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1005) passed with its title.
Senator Bailey moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--29.
The nays were: Plymale, Smith and Weeks--3.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1005) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1006 was then read a third time and
put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 1006
pass?"
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Unger, White and Tomblin (Mr. President)--29.
The nays were: Harrison, Smith and Weeks--3.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1006) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--29.
The nays were: Harrison, Smith and Weeks--3.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1006) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1007 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1007) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1007) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1008 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1008) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1008) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1009 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1009) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1009) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1010 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 1010) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1010) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1011 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1011) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1011) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1012 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1012) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1012) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1013 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1013) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1013) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senator Helmick:
Senate Bill No. 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 request of Senator Helmick, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1014 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1014) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1014) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senators Plymale and Helmick offered the following resolution:
Senate Concurrent Resolution No. 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 Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 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 health care in
various medical specialties; and
Whereas, The schools of medicine additionally serve as the
major referral source for the necessary health care 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 request of Senator Bailey, and by unanimous consent,
reference of the resolution to a committee was dispensed with and
it was taken up for immediate consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
On motion of Senator Bailey, the Senate recessed for ten
minutes.
Night Session
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1002, Making supplementary appropriation
to department of health and human resources, division of human
services, health care provider tax.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1003, Making supplementary appropriation
to department of health and human resources, division of health, hospital services revenue account.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1004, Making supplementary appropriation
to public service commission.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1005, Making supplementary appropriation
of federal funds to department of health and human resources,
division of human services.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1006, Expiring funds to unappropriated
surplus balance in general revenue from tax reduction and federal
funding increased compliance fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1007, Expiring funds to unappropriated
balance in general revenue from higher education improvement fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1008, Making supplementary appropriation
to department of environmental protection, division of
environmental protection, stream restoration fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1009, Supplementing, amending, reducing
and increasing items from general revenue to higher education
policy commission, higher education policy commission, control
account.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1010, Supplementing, amending, reducing
and increasing items from general revenue to department of higher
education policy commission.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1011, Supplementing, amending, reducing and increasing items from general revenue to department of military
affairs and public safety, West Virginia parole board.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1012, Expiring funds to governor's
office, civil contingent fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1013, Expiring funds to unappropriated
balance in general revenue fund to department of military affairs
and public safety, division of corrections.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1014, Supplementing, amending, reducing
and increasing items of existing appropriations from state fund
general revenue to higher education policy commission, control
account.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 1001, Authorizing issuance of revenue bonds payable from excess lottery revenue fund to provide
capital improvements for institutions of higher education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 101--A Bill 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 request of Senator Bailey, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Chafin and Deem--2.
The bill (Eng. H. B. No. 101) was then read a second time.
On motions of Senators Guills, Caldwell and Oliverio, the
following amendment to the bill was reported by the Clerk:
On page two, after the article heading, by inserting the
following:
§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 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, 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 college 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 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 headquartered in Beckley. The West Virginia council for
community and technical college education 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.
(C) Bluefield state college shall take immediate steps to seek
independent accreditation of New River community and technical
college including all sites within its revised service district.
The president and the board of governors are responsible for
obtaining independent accreditation of the community and technical
college by the thirty-first day of December, two thousand four. If
the multicampus entity known as New River community and technical
college has not obtained independent accreditation by this date,
the commission shall choose one of the following options:
(i) Create New River community and technical college 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 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 community and technical college 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
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 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, 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.
(G) Notwithstanding anything in this code or in enrolled
Senate bill no. 448 which passed the Legislature in the regular session, two thousand four, 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 community and
technical college 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.
(2) Fairmont state community and technical college. --
Fairmont state community and technical college shall be 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, 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 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.
(3) Marshall university community and technical college. --
Enrolled Senate bill no. 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 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, 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 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.
(4) Shepherd community and technical college. -- Shepherd
community and technical college 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, 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 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.
(5) West Virginia state community and technical college. --
Enrolled Senate bill no. 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, 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 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.
(6) West Virginia university institute of technology. --
Enrolled Senate bill no. 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 university institute of technology community and
technical college shall become 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 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.
Senator Plymale arose to a point of order that the amendment
offered by Senators Guills, Caldwell and Oliverio was not germane
to the bill.
Which point of order, the President ruled well taken.
The bill was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 101) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--31.
The nays were: Smith--1.
Absent: Chafin and Deem--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 101) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: Smith--1.
Absent: Chafin and Deem--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 101) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Bailey offered the following pre-adjournment
resolution:
Senate Resolution No. 103--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to notify the House of Delegates that the Senate has
completed its labors and is ready to adjourn sine die.
At the request of Senator Bailey, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:
Senators Rowe, White and Smith.
Subsequently, Senator Rowe reported that the duties assigned
by Senate Resolution No. 103 had been performed.
Thereafter, a three-member delegation from the House of
Delegates, namely
Delegates Manuel, Perdue and Smirl, announced that that body
also had completed its labors and was ready to adjourn sine die.
Senator Bailey then offered the following resolution:
Senate Resolution No. 104--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to join with a similar committee of the House of Delegates to
notify His Excellency, the Governor, that the Legislature has
completed its labors and is ready to adjourn sine die.
At the request of Senator Bailey, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Under the provisions of the foregoing resolution, Senator
Tomblin (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate was ready to adjourn:
Senators Sharpe, Fanning and Boley.
Delegates Manuel, Perdue and Smirl, then announced that they
had been appointed by that body to join with the similar committee
named by the Senate to wait upon His Excellency and were ready to
proceed with this assignment.
Senators Sharpe, Fanning and Boley, comprising the Senate
committee, then joined the House committee and proceeded to the
executive offices to notify His Excellency, the Governor, of
imminent adjournment of this extraordinary session of the
Legislature.
Subsequently, Senator Sharpe, from the joint select committee
to notify His Excellency, the Governor, that the Legislature had
completed the business of this extraordinary session and was ready
to adjourn sine die, returned to the chamber and was recognized by
the President. Senator Sharpe then reported this mission
accomplished.
At the request of Senator Rowe, unanimous consent being
granted, the Joint Committee on Enrolled Bills was granted
permission, after it has examined, found truly enrolled and
presented to His Excellency, the Governor, for his action, bills
passed but not presented to him prior to adjournment of this first
extraordinary session of the seventy-sixth Legislature in the year
two thousand four, to file its reports with the Clerk and that the
same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as
to his action on bills after adjournment of the session, be
included in the Journal.
In accordance with the foregoing unanimous consent agreement,
the following report of the Joint Committee on Enrolled Bills was
filed as follows:
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 25th day of March, 2004, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 1002), Making supplementary appropriation to
department of health and human resources, division of human
services, health care provider tax.
(S. B. No. 1003), Making supplementary appropriation to
department of health and human resources, division of health,
hospital services revenue account.
(S. B. No. 1004), Making supplementary appropriation to public
service commission.
(S. B. No. 1005), Making supplementary appropriation of
federal funds to department of health and human resources, division of human services.
(S. B. No. 1006), Expiring funds to unappropriated surplus
balance in general revenue from tax reduction and federal funding
increased compliance fund.
(S. B. No. 1007), Expiring funds to unappropriated balance in
general revenue from higher education improvement fund.
(S. B. No. 1008), Making supplementary appropriation to
department of environmental protection, division of environmental
protection, stream restoration fund.
(S. B. No. 1009), Supplementing, amending, reducing and
increasing items from general revenue to higher education policy
commission, higher education policy commission, control account.
(S. B. No. 1010), Supplementing, amending, reducing and
increasing items from general revenue to department of higher
education policy commission.
(S. B. No. 1011), Supplementing, amending, reducing and
increasing items from general revenue to department of military
affairs and public safety, West Virginia parole board.
(S. B. No. 1012), Expiring funds to governor's office, civil
contingent fund.
(S. B. No. 1013),Expiring funds to unappropriated balance in
general revenue fund to department of military affairs and public
safety, division of corrections.
And,
(S. B. No. 1014), Supplementing, amending, reducing and
increasing items of existing appropriations from state fund general
revenue to higher education policy commission, control account.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 2nd day of April, 2004, presented to His
Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 101), Relating to fees collected and moneys
expended by state institutions of higher education.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 26, 2004, he had approved Enr.
Senate Bill No. 1002, Enr. Senate Bill No. 1003, Enr. Senate Bill
No. 1004, Enr. Senate Bill No. 1005, Enr. Senate Bill No. 1007,
Enr. Senate Bill No. 1008, Enr. Senate Bill No. 1009, Enr. Senate
Bill No. 1010, Enr. Senate Bill No. 1011, Enr. Senate Bill No. 1012
and Enr. Senate Bill No. 1014; and on April 7, 2004, he had
approved Enr. House Bill No. 101.
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 26, 2004
The Honorable Joe Manchin III
Secretary of State
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 moneys are unnecessary and
should be considered for 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 our state.
The restoration of the Sunny Day Fund with the balance reduced from
that line item would be an appropriate and preferred use of the
moneys.
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.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
Veto Messages
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 26, 2004
The Honorable Joe Manchin III
Secretary of State
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 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 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.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
On motion of Senator Bailey, the first extraordinary session
of the Senate in the year two thousand four adjourned sine die.
________