SECOND EXTRAORDINARY SESSION
__________*__________
Tuesday, June 15, 2004
Pursuant to the Proclamation of His Excellency, the Governor, issued on the fifteenth day
of June, 2004, and hereinafter set forth, convening the Legislature in Extraordinary Session on the
fifteenth day of June, 2004, the House of Delegates assembled in its Chamber in the Capitol Building
in the City of Charleston, and at five o' clock postmeridian, 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.
The roll being called (Roll No. 826), and 91 members having answered to their names, the
Speaker declared the presence of a quorum.
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
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 at five o'clock p.m. on the Fifteenth day of
June, Two Thousand Four, in its chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:
FIRST: A supplementary appropriation bill relating to the provision of moneys to the
Division of Corrections of the Department of Military Affairs and Public Safety for housing of
inmates in non-Division of Correction facilities.
SECOND: A supplementary appropriation bill relating to supporting Regional Jail Authority
bonds.
THIRD: A supplementary appropriation bill relating to the provision of moneys for the
PROMISE Scholarship Program.
FOURTH: A supplementary appropriation bill relating to the creation of a special revenue
account for the Division of Protective Services of the Department of Military Affairs and Public
Safety.
FIFTH: A supplementary appropriation bill relating to the provision of federal moneys to
the Office of the Secretary, Department of Military Affairs and Public Safety, for Homeland
Security.
SIXTH: A supplementary appropriation bill relating to the provision of moneys necessitated
by the passage of Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 408
in Regular Session 2004.
SEVENTH: Supplementary appropriation bills relating to the provision of moneys to the
Governor's Cabinet on Children and Families for Starting Points Centers.
EIGHTH: Supplementary appropriation bills relating to the provision of moneys to the Tax Division of the Department of Revenue for Business4WV.
NINTH: A supplementary appropriation bill relating to the provision of moneys to the
Division of Human Services of the Department of Health and Human Resources for rural hospitals
under 150 beds.
TENTH: A supplementary appropriation bill relating to the provision of moneys to the
Workers' Compensation Commission for the self-insured pool.
ELEVENTH: A supplementary appropriation bill relating to the provision of moneys to the
Adjutant General's Department of the Department of Military Affairs and Public Safety.
TWELFTH: Supplementary appropriation bills relating to the provision of moneys to the
Governor's Civil Contingent Fund in order to supply, inter alia, relief to those counties and citizens
affected by flooding.
THIRTEENTH: A supplementary appropriation bill relating to the provision of moneys to
the Development Office of the Bureau of Commerce.
FOURTEENTH: A supplementary appropriation bill relating to the provision of moneys for
the Business and Economic Development Stimulus Fund within the Civil Contingent Fund.
FIFTEENTH: A supplementary appropriation bill relating to the provision of moneys to
assist with development of the Hatfield-McCoy Trail.
SIXTEENTH: A supplementary appropriation bill relating to the provision of moneys to the
West Virginia Conservation Agency for soil conservation projects.
SEVENTEENTH: A supplementary appropriation bill relating to the provision of moneys
for rural health clinics.
EIGHTEENTH: A supplementary appropriation bill relating to the provision of moneys for Workforce Training.
NINETEENTH: Legislation relating to facilitating land acquisition for the West Virginia
State Police.
TWENTIETH: Legislation relating to reappropriations within the Division of Juvenile
Services, Department of Military Affairs and Public Safety.
TWENTY-FIRST: Legislation relating to the reappropriation of Lottery funds for public
education computer study.
TWENTY-SECOND: Legislation relating to amending and reenacting portions of Enrolled
Committee Substitute for Senate Bill No. 501 from Regular Session 2000, pertaining to Morris
Square, in order to permit the Economic Development Authority to purchase and own the property
and lease it to the City of Charleston.
TWENTY-THIRD: A supplementary appropriation bill relating to the provision of moneys
to the Division of Human Services of the Department of Health and Human Resources for indigent
burials.
TWENTY-FOURTH: Legislation relating to the provision of moneys to the Department of
Health and Human Resources social services programs to offset Temporary Assistance for Needy
Families ("TANF") cuts.
TWENTY-FIFTH: A supplementary appropriation bill relating to transferring and
reappropriating funds for the Public Service Commission.
TWENTY-SIXTH: A supplementary appropriation bill relating to the provision of federal
moneys to Miners' Health, Safety and Training of the Bureau of Commerce for the Digitized Mine
Maps Project.
TWENTY-SEVENTH: A supplementary appropriation bill relating to the provision of
federal moneys to the Office of Emergency Services of the Department of Military Affairs and Public
Safety for Homeland Security.
TWENTY-EIGHTH: Resolutions memorializing certain individuals.
TWENTY-NINTH: Legislation to authorize and appropriate the expenditure of public
moneys to pay the expenses of this extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State
of West Virginia, on this the Fifteenth day of June, 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.
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 Crosier, Talbott and Sumner.
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, Palumbo and Smirl.
Delegate Crosier, 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, Jenkins and Harrison, 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.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Trump, Amores, Anderson, Armstead, Ashley,
Azinger, Beach, Beane, Blair, Boggs, Border, Browning, Calvert, Campbell, Canterbury, Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Evans, Foster, Fragale,
Frederick, Frich, Hall, Hamilton, Hartman, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leggett,
Long, Louisos, Mahan, Manchin, Manuel, Michael, Morgan, Overington, Palumbo, Paxton, Perdue,
Perry, Pethel, Pino, Poling, Proudfoot, Renner, Romine, Schadler, Schoen, Shaver, Shelton, Smirl,
Sobonya, Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R.
M. Thompson, Tucker, Varner, Wakim, Warner, Webb, G. White, H. White, Williams, Wright,
Yeager and Yost
offered the following resolution, which was read by its title, as follows:
H. C. R. 2001 - "Enrolling a Memorial to President Ronald Wilson Reagan, an exemplary
public servant, gentleman and statesman."
Whereas, Ronald Wilson Reagan, the 40th President of the United States, was born on
February 6, 1911, in Tampico, Illinois, to Nelle and John Reagan and died on June 5, 2004, at the
age of ninety-three; and
Whereas, As a lifeguard at Rock River in Lowell, Illinois, a young Ronald Reagan saved
the lives of seventy-seven swimmers; and
Whereas, Ronald Reagan enrolled in Eureka College where he played football, acted in
amateur theater, and graduated with a bachelor's degree in economics and sociology; and
Whereas, Ronald Reagan landed his first job as a radio announcer for WOC in Davenport,
Iowa, and went on to become a popular sports announcer; and
Whereas, Ronald Reagan launched a movie career that spanned fifty movies, including his
most famous role as the football legend, "The Gipper"; and
Whereas, Ronald Reagan, who received more fan mail than any other actor at Warner
Brothers Studios except Errol Flynn, served as president of the Screen Actors Guild from 1947 to 1960; and
Whereas, On March 4, 1952, Ronald Reagan married his great love, Nancy Davis, who was
to become his lifelong confidante and companion; and
Whereas, Ronald Reagan was the father of four children: Maureen, Michael, Patti, and
Ronald Prescott; and
Whereas, In 1966, Ronald Reagan won the governorship of California and in 1970 was
reelected to a second term; and
Whereas, On July 16, 1980, the former Governor won the Republican nomination for
President and on November 4, 1980, won the United States Presidency; and
Whereas, President Reagan appointed the first woman to the United States Supreme Court,
Justice Sandra Day O'Connor; and
Whereas, On March 30, 1981, only two months into his Presidency, Ronald Reagan
survived an assassination attempt and upon meeting Nancy in the hospital, quipped with
characteristic good humor, "Honey, I forgot to duck"; and
Whereas, President Reagan delivered on his promise to cut taxes for American workers in
1981, and achieved the historic tax cuts of 1986 which overhauled the Federal tax code and reduced
tax rates for most taxpayers, including removing 6,000,000 Americans from the tax rolls; and
Whereas, Under President Reagan's leadership, inflation fell, interest rates declined, and
by the seventh year of his Presidency, the stock market hit an all-time high; and
Whereas, President Reagan presided over the longest economic expansion in the history of
the United States until that time and rebuilt the national defenses of the United States; and
Whereas, President Reagan won reelection in 1984 carrying 49 out of 50 states, one of the biggest electoral victories in the political history of the United States; and
Whereas, During summit meetings with Soviet Union President Mikhail Gorbachev in
December, 1986, President Reagan signed a treaty to eliminate intermediate-range nuclear forces;
and
Whereas, President Reagan's steadfast opposition to communism, his unshakeable resolve
to defeat the "Evil Empire", and his secure belief in government for and by the people, led to the
collapse of the Berlin Wall and victory in the Cold War; and
Whereas, President Reagan's belief in freedom as a God-given right of all peoples led to
a democratic revolution across Central America; and
Whereas, Ronald Wilson Reagan, father, husband, actor, and dedicated public servant,
restored the pride, optimism and strength of the United States and earned the deep respect and
affection of his fellow citizens; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature notes with deep sorrow and solemn mourning the death
of Ronald Wilson Reagan; and, be it
Further Resolved, That the West Virginia Legislature extends its heartfelt sympathy to the
Former First Lady, Nancy Reagan, and the children of President Reagan; and, be it
Further Resolved, That the Clerk is hereby directed to send a copy of this resolution to Mrs.
Reagan and the Reagan children.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H.
C. R. 2001) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate Trump demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 827), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the resolution (H. C. R. 2001) 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 motions for leave, bills were introduced and read by their titles as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 201 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2D-7, relating to creating a special revenue fund in the state
treasury designated the security enforcement fund."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 201) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 202 - "A Bill to amend and reenact section one, chapter two hundred eighty-six, acts of the Legislature, regular session, two thousand, relating to giving the secretary of
administration options on how to dispose of the land, together with the improvements thereon,
known as Morris Square in Charleston, Kanawha County; and providing an exception for
ownership of said land by the West Virginia Economic Development Authority for purpose of
leasing it to the City of Charleston, West Virginia."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 202) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 203 - "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 the governor's office - governor's cabinet on children and families, fund 0104,
fiscal year 2005, organization 0100, and the state department of education - state aid to schools,
fund 0317, fiscal year 2005, organization 0402, all 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 (H. B. 203) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 204 - "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 nine million dollars from the revenue shortfall reserve fund, fund 2038, organization 0201, and in the amount of six million three hundred fifty-nine thousand one hundred dollars
from the state excess lottery revenue fund, fund 7205, organization 0705, 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, to the department
of health and human services, 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, and 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 (H. B. 204) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 205 - "A Bill making a supplementary appropriation in the state fund, general
revenue to the department of military affairs and public safety - division of juvenile services, fund
0570, fiscal year 2005, organization 0621, all 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 (H. B. 205) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 206 - "A Bill making a supplementary appropriation of lottery net profits, to the state department of education, fund 3951, fiscal year 2005, organization 0402, all 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 (H. B. 206) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 207 - "A Bill making a supplementary appropriation for the fiscal year ending the
thirtieth day of June, two thousand five, to the department of military affairs and public safety,
west virginia state police - surplus real property proceeds fund, fund 6516, fiscal year 2005,
organization 0612, all 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 (H. B. 207) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 208 - "A Bill making a supplementary appropriation 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 (H. B. 208) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 209 - "A Bill making a supplementary appropriation of federal funds out of the
treasury from the balance of moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand five, to the bureau of commerce - division of miners' health,
safety and training, fund 8709, fiscal year 2005, organization 0314, all 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 (H. B. 209) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 210 - "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 five, to the department of military affairs and public safety
- office of emergency services, fund 8727, fiscal year 2005, organization 0606, all 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 (H. B. 210) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 211 - "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 five, to a new item of appropriation designated to the
department of military affairs and public safety - office of the secretary, fund 8876, fiscal year
2005, organization 0601, supplementing and amending chapter thirteen, acts of the Legislature,
regular session, two thousand four, known as the budget bill."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 211) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 212 - "A Bill supplementing and amending chapter thirteen, acts of the Legislature,
regular session, two thousand four, known as the budget bill, all 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 (H. B. 212) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 213 - "A Bill supplementing and amending chapter thirteen, acts of the Legislature,
regular session, two thousand four, known as the budget bill, all 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 (H. B. 213) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
At the request of Delegate Staton, and by unanimous consent, the House then proceeded
to further consideration of the following bills:
H. B. 201, Special revenue account created for Division of Protective Services; on second
reading, was reported by the Clerk.
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. 828), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
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 engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
829), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 201) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 830), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 201) 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.
H. B. 205, Supplemental appropriation to Department of Military Affairs and Public
Safety, Division of Juvenile Services; on second reading, was reported by the Clerk.
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. 831), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston, Leggett,
Mezzatesta, Tabb and Walters.
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 engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
832), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston, Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 205) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 833), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 205) 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.
H. B. 208, Supplemental appropriation to the Public Service Commission; on second
reading, was reported by the Clerk.
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. 834), and there were--yeas 90,
nays 1, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Louisos.
Absent And Not Voting: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta, Morgan and Walters.
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 engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
835), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not
voting being as follows:
Nays: Louisos.
Absent And Not Voting: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 208) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 836), and there were--yeas 91,
nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Louisos.
Absent And Not Voting: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 208) 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.
H. B. 209, Supplemental appropriation, Bureau of Commerce, Division of Miners' Health,
Safety and Training; on second reading, was reported by the Clerk.
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. 837), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
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 engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
838), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 209) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 839), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 209) 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.
H. B. 210, Supplemental appropriation, Department of Military Affairs and Public Safety, Office of Emergency Services; on second reading, was reported by the Clerk.
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. 840), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
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 engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
841), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 210) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 842), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 210) 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.
H. B. 212, Supplemental appropriation from general revenue surplus accrued; on second
reading, was reported by the Clerk.
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. 843), and there were--yeas 91,
nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Susman.
Absent And Not Voting: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
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 engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
844), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 212) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 845), 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: Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston,
Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 212) 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.
At 5:59 p.m., on motion of Delegate Staton, the House of Delegates recessed for thirty
minutes, and reconvened at that time.
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. 2003 - "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 nine million dollars from the revenue shortfall reserve fund, fund 2038,
organization 0201, and in the amount of six million three hundred fifty-nine thousand one
hundred dollars from the state excess lottery revenue fund, fund 7205, organization 0705, 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, to the department of health and human services, 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, and
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. 2003) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2005 - "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 five, to a new item of appropriation designated to the
department of military affairs and public safety - office of the secretary, fund 8876, fiscal year
2005, organization 0601, all supplementing and amending chapter thirteen, acts of the
Legislature, regular session, two thousand four, known as the budget bill."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 2005) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2007 - "A Bill making a supplementary appropriation of lottery net profits to the
state department of education, fund 3951, fiscal year 2005, organization 0402, all 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. 2007) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2009 - "A Bill making a supplementary appropriation for the fiscal year ending the
thirtieth day of June, two thousand five, to the department of military affairs and public safety,
West Virginia state police - surplus real property proceeds fund, fund 6516, fiscal year 2005,
organization 0612, all 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. 2009) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2011 - "A Bill supplementing and amending chapter thirteen, acts of the Legislature,
regular session, two thousand four, known as the budget bill, all 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. 2011) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2013 - "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 the governor's office - governor's cabinet on children and families, fund 0104,
fiscal year 2005, organization 0100, and the state department of education - state aid to schools,
fund 0317, fiscal year 2005, organization 0402, all 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. 2013) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2001, Enrolling a memorial to President Ronald Wilson Reagan, 40th President
of the United States.
At the request of Delegate Staton, and by unanimous consent, the House then proceeded
to further consideration of the following bills:
S. B. 2003, Making supplementary appropriation from revenue shortfall reserve fund and
state excess lottery revenue fund to various accounts; on second reading, was reported by the
Clerk.
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. 846), and there were--yeas 89,
nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell,
Hatfield, Houston, Mezzatesta and Walters.
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.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
847), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting
being as follows:
Absent And Not Voting: Beach, Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell,
Hatfield, Houston, Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2003) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 848), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2003) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 2005, Making supplementary appropriation of federal funds to department of
military affairs and public safety, office of secretary; on second reading, was reported by the
Clerk.
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. 849), and there were--yeas 84,
nays none, absent and not voting 16, with the absent and not voting being as follows:
Absent And Not Voting: Browning, Butcher, Cann, Coleman, Doyle, Ennis, Faircloth,
Ferrell, Foster, Hamilton, Hartman, Hatfield, Houston, Mezzatesta, Schoen and Walters.
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.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
850), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting
being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2005) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 851), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield, Houston, Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2005) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 2007, Making supplementary appropriation to department of education from net
lottery proceeds; on second reading, was reported by the Clerk.
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. 852), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
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.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
853), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting
being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2007) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 854), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2007) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 2009, Making supplementary appropriation to department of military affairs and
public safety, state police, surplus real property proceeds fund; on second reading, was reported
by the Clerk.
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. 855), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
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.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
856), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2009) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 857), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2009) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 2011, Making supplementary appropriation from excess lottery revenue accrued; on
second reading, was reported by the Clerk.
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. 858), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
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.
Delegate Armstead requested to be excused from voting on the passage of S. B. 2011
under the provisions of House Rule 49, stating that he served as in-house counsel for Columbia
Gas, a company that was in the self-insured pool.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member
of a class of persons possibly to be affected by the passage of the bill and that he demonstrated
no direct personal or pecuniary interest therein.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
859), and there were--yeas 89, nays 1, absent and not voting 10, with the nays and absent and not
voting being as follows:
Nays: Hrutkay.
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2011) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 860), and there were--yeas 89,
nays 1, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Hrutkay.
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2011) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
S. B. 2013, Making supplementary appropriation to governor's office, governor's cabinet
on children and families, and department of education; on second reading, was reported by the
Clerk.
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. 861), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
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.
The question now being on the passage of the bill, the yeas and nays were taken (Roll No.
862), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting
being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2013) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 863), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2013) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
At the request of Delegate Staton, and by unanimous consent, the House then proceeded
to further consideration of H. B. 202, Permitting the Economic Development Authority to own
Morris Square for the purpose of leasing it to the City of Charleston; on second reading, was
reported by the Clerk.
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. 864), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
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.
On motion of Delegate Michael, the bill was amended on page four, line two, following
the word "situated" and the colon, by striking out the remainder of the subsection and inserting
in lieu thereof the following: "Provided, that the West Virginia economic development authority
may obtain such interest in any portion of the property as may be necessary for the authority to enter into a lease-purchase bond transaction with the city of Charleston: Provided, however, That
no state agency may locate any state government office or other state government operation
within said property: Provided further, That any such lease-purchase transaction shall have no
recourse to the authority."
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 now being on the passage of the bill, the yeas and nays were taken (Roll No.
865), and there were--yeas 89, nays 1, absent and not voting 10, with the nays and absent and not
voting being as follows:
Nays: Leach.
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 202) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 866), and there were--yeas 90,
nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Coleman, Ennis, Faircloth, Ferrell, Hatfield,
Houston, Mezzatesta and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 202) 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. 201, Special revenue account created for Division of Protective Services.
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. 202, Permitting the Economic Development Authority to own Morris Square for
the purpose of leasing it to the City of Charleston.
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. 205, Supplemental appropriation to Department of Military Affairs and Public
Safety, Division of Juvenile Services.
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. 208, Supplemental appropriation to the Public Service Commission.
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. 209, Supplemental appropriation, Bureau of Commerce, Division of Miners' Health,
Safety and Training.
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. 210, Supplemental appropriation, Department of Military Affairs and Public Safety,
Office of Emergency Services.
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. 212, Supplemental appropriation from general revenue surplus accrued.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the
day were granted Delegates Butcher, Ennis, Faircloth, Ferrell, Hatfield, Houston, Mezzatesta and
Walters.
Miscellaneous Business
Delegate Wakim asked and obtained unanimous consent that the remarks of Delegate
Howard regarding Delegate Smirl be printed in the Appendix to the Journal.
At the request of Delegate Staton, 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 Spencer filed
reports of the Joint Committee on Enrolled Bills as follows:
June 18, 2004
(H. B. 201), Special revenue account created for Division of Protective Services,
(H. B. 202), Permitting the Economic Development Authority to own Morris Square for
the purpose of leasing it to the City of Charleston,
(H. B. 205), Supplemental appropriation to Department of Military Affairs and Public
Safety, Division of Juvenile Services,
(H. B. 208), Supplemental appropriation to the Public Service Commission,
(H. B. 209), Supplemental appropriation, Bureau of Commerce, Division of Miners'
Health, Safety and Training,
(H. B. 210), Supplemental appropriation, Department of Military Affairs and Public
Safety, Office of Emergency Services,
(H. B. 212), Supplemental appropriation from general revenue surplus accrued,
(S. B. 2003), Making supplementary appropriation from revenue shortfall reserve fund
and excess lottery revenue fund to various accounts,
(S. B. 2005), Making supplementary appropriation of federal funds to department of
military affairs and public safety, office of secretary,
(S. B. 2007), Making supplementary appropriation to department of education from net
lottery proceeds,
(S. B. 2009), Making supplementary appropriation to department of military affairs and
public safety, state police, surplus real property proceeds fund,
(S. B. 2011), Making supplementary appropriations from state excess lottery revenue
fund,
And,
(S. B. 2013), Making supplementary appropriation to governor's office, governor's cabinet on children and families, and department of 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 Second
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 Crosier, Talbott and Sumner.
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, Palumbo and Smirl.
Messages from the Senate
A message from the Senate, by
Senators Rowe, Jenkins and Harrison, announced that the Senate had completed the
business of this Second Extraordinary Session and was ready to adjourn sine die.
Delegate Crosier, 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 June 18, 2004, he approved H. B. 201, H. B. 205, H.
B. 208
, H. B. 209, H. B. 210, H. B. 212, S. B. 2003, S. B. 2005, S. B. 2007, S. B. 2009, S. B.
2011 and S. B. 2013; and on June 28, he approved H. B. 202..
There being no further business to come before the House, at 7:48 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,
Second 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