WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2004

FIRST DAY

____________

Charleston, W. Va., Tuesday, June 15, 2004

     Pursuant to the proclamation of His Excellency, the Governor, the Honorable Bob Wise, dated the fifteenth day of June, two thousand four, convening the seventy-sixth Legislature of West Virginia in extraordinary session today (Tuesday, June 15, 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 at 5 o'clock p.m., and was called to order by its President, the Honorable Earl Ray Tomblin.
     Prayer was offered by the Honorable Brooks F. McCabe, Jr., a senator from the seventeenth district.
     On the call of the roll, the following answered to their names:
     Senators Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President).
     Thirty-one 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 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, 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.
  Senator Chafin offered the following resolution:
  Senate Resolution No. 201--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 Chafin, 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, Jenkins and Harrison.
  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 Crosier, Talbott and Sumner, 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 Chafin then offered the following resolution:
  Senate Resolution No. 202--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 Chafin, 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, Palumbo 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. 202. 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.
  Senator Tomblin (Mr. President) presented a communication from the Department of Health and Human Resources, submitting its Sudden Infant Death Syndrome Program quarterly report as required by chapter sixteen, article one, section six of the code of West Virginia.
  Which communication and report were received and filed with the Clerk.
  Senator Tomblin (Mr. President) presented a communication from the Department of Tax and Revenue, submitting its quarterly report summarizing closing agreements as required by chapter eleven, article ten, section five-q of the code of West Virginia.
  Which communication and report were received and filed with the Clerk.
  Senator Tomblin (Mr. President) presented a communication from the Governor's Cabinet on Children and Families, submitting its annual report, in accordance with chapter five, article twenty-six, section three of the code of West Virginia.
  Which communication and report were received and filed with the Clerk.
  The Senate proceeded to the third order of business.
Executive Communications

  Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 14, 2004

Senate Executive Message No. 1
TO:  The Honorable Members of the
  West Virginia Senate
Ladies and Gentlemen:
  I respectfully submit the following nominations for your advice and consent:
   1.     For Member, Board of Manufactured Housing Construction and Safety, Gary D. Shaw, Fairmont, Marion County, for the term ending June 30, 2004.
   2.     For Member, Pharmaceutical Cost Management Council, Laddie Burdette, Point Pleasant, Mason County, for the term ending June 30, 2007.
   3.     For Member, Pharmaceutical Cost Management Council, Heather Bresch, Canonsburg, Pennsylvania, for the term ending June 30, 2008.
   4.     For Member, Pharmaceutical Cost Management Council, Dr. Wayne Spiggle, Keyser, Mineral County, for the term ending June 30, 2007.
   5.     For Member, Pharmaceutical Cost Management Council, Kevin Outterson, Morgantown, Monongalia County, for the term ending June 30, 2007.
   6.     For Member, Pharmaceutical Cost Management Council, Steve Neal, St. Clairsville, Ohio, for the term ending June 30, 2006.
   7.     For Member, Commission for the Deaf and Hard of Hearing, John Knisely, Charleston, Kanawha County, for the term ending June 30, 2005.
   8.     For Member, Marshall University Board of Governors, John G. Hess, Barboursville, Cabell County, for the term ending June 30, 2004.
   9.     For Member, State Library Commission, Kathryn McAteer, Shepherdstown, Jefferson County, for the term ending June 30, 2007.
  10.     For Member, State Library Commission, Mary Bland Strickland, Glenville, Gilmer County, for the term ending June 30, 2007.
  11.     For Member, Radiologic Technology Board of Examiners, Dr. I. Elaine Moore, St. Albans, Kanawha County, for the term ending June 30, 2006.
  12.     For Member, Board of Examiners of Psychologists, Thomas C. Stein, Moorefield, Hardy County, for the term ending June 30, 2007.
  13.     For Member, Acupuncture Board, Samantha von der Heyt, White Sulphur Springs, Greenbrier County, for the term ending June 30, 2005.
  14.     For Member, Acupuncture Board, Marian Hollinger, Morgantown, Monongalia County, for the term ending June 30, 2005.
  15.     For Member, Board of Landscape Architects, Roger J. Kennedy, St. Albans, Kanawha County, for the term ending June 30, 2005.
  16.     For Member, Board of Directors of the Affordable Housing Trust Fund, Robert E. Childers, Huntington, Cabell County, for the term ending June 30, 2005.
  Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
                         Very truly yours,
                          Bob Wise,
                          Governor.
  Which communication was received and referred to the Committee on Confirmations.
  On motion of Senator Love, consideration of the nominations immediately hereinbefore reported was made a special order of business following an anticipated recess.
  The Senate proceeded to the sixth order of business.
  On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 2001--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.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 2002--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.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 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 resources, 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 2003 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2003) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2003) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 2004--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.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 2005 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2005) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2005) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 2006--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.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 2007 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2007) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2007) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 2008--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.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 2009 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2009) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2009) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 2010--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.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 2011 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2011) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2011) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 2012--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.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 2013 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2013) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 2013) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senators Tomblin (Mr. President), Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and White offered the following resolution:
  Senate Resolution No. 203--Memorializing the life of the Honorable George B. "Buffy" Warner, Jr., former businessman, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian.
  Whereas, George B. "Buffy" Warner, Jr., was born May 14, 1951, in Charleston, Kanawha County, the son of George B. Warner, Sr., and the late Margaret McCoy Warner; and
  Whereas, George B. "Buffy" Warner, Jr., received a bachelor of arts degree in labor relations and a master of arts degree in journalism from West Virginia University; and
  Whereas, George B. "Buffy" Warner, Jr., served his nation with pride and distinction in the United States Navy aboard the USS Dale and as a member of the United States Army Reserve; and
  Whereas, George B. "Buffy" Warner, Jr., was married to his beloved wife, Elizabeth Ann Warner, and was the proud father of daughters Marion Warner, Carolyn Warner, Sarah Warner and Annmargaret Warner and son Blackburn Warner; and
  Whereas, George B. "Buffy" Warner, Jr., began his public service with his election to the West Virginia Senate from the fourteenth senatorial district in 1986; and
  Whereas, During his tenure in the Senate, the Honorable George B. "Buffy" Warner, Jr., served on numerous committees, including the Committees on Education, Finance, Interstate Cooperation, Natural Resources and Small Business; and
  Whereas, The Honorable George B. "Buffy" Warner, Jr., was truly dedicated to making West Virginia a better place for its citizens. He wisely used his humor and wit as a political tool to secure his interests; and
  Whereas, The Honorable George B. "Buffy" Warner, Jr., became legendary in 1987 when he remained on the Senate floor day and night to protest a stalemate in the passage of the state's budget bill. After a few days, a resolution was reached and the bill passed; and
  Whereas, The youthful impishness and boyish grin of the Honorable George B. "Buffy" Warner, Jr., warmed the hearts of his fellow colleagues in the Senate and earned him bipartisan respect and admiration; and
  Whereas, After completing his term in the Senate, the Honorable George B. "Buffy" Warner, Jr., moved to Ocracoke Island, North Carolina, and became the owner of Howard's Pub. Later he acquired the historic Blackbeard's Lodge. His intense passion for his adopted seaside community caused him to be active in community affairs and civic organizations; and
  Whereas, Sadly, the life of the Honorable George B. "Buffy" Warner, Jr., came to an end on June 11, 2004, after a fall aboard his yacht the "Margie McCoy", which had recently been christened in honor of his deceased mother; therefore, be it
  Resolved by the Senate:
  That the Senate hereby memorializes the life of the Honorable George B. "Buffy" Warner, Jr., former businessman, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian; and, be it
  Further Resolved, That the Senate hereby extends its sincere and heartfelt sympathy to the family of the Honorable George B. "Buffy" Warner, Jr., especially his beloved wife Elizabeth Ann Warner; daughters Marion Warner, Carolyn Warner, Sarah Warner and Annmargaret Warner; son Blackburn Warner; father George B. Warner, Sr.; and brothers Karl Warner, Andrew Warner, Monroe Warner, Kristian Warner and Benjamin Warner; and, be it
  Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the late Honorable George B. "Buffy" Warner, Jr.
  At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
  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. 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 Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
  Pending announcement of a meeting of a standing committee of the Senate,
  On motion of Senator Chafin, the Senate recessed for fifteen minutes.
Night Session

  Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.
  Senator Love, from the Committee on Confirmations, submitted the following report, which was received:
   Your Committee on Confirmations has had under consideration
  Senate Executive Message No. 1, dated June 14, 2004, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 1 is submitted:
   1.     For Member, Board of Manufactured Housing Construction and Safety, Gary D. Shaw, Fairmont, Marion County, for the term ending June 30, 2004.
   2.     For Member, Pharmaceutical Cost Management Council, Laddie Burdette, Point Pleasant, Mason County, for the term ending June 30, 2007.
   3.     For Member, Pharmaceutical Cost Management Council, Heather Bresch, Canonsburg, Pennsylvania, for the term ending June 30, 2008.
   4.     For Member, Pharmaceutical Cost Management Council, Dr. Wayne Spiggle, Keyser, Mineral County, for the term ending June 30, 2007.
   5.     For Member, Pharmaceutical Cost Management Council, Kevin Outterson, Morgantown, Monongalia County, for the term ending June 30, 2007.
   6.     For Member, Pharmaceutical Cost Management Council, Steve Neal, St. Clairsville, Ohio, for the term ending June 30, 2006.
   7.     For Member, Commission for the Deaf and Hard of Hearing, John Knisely, Charleston, Kanawha County, for the term ending June 30, 2005.
   8.     For Member, Marshall University Board of Governors, John G. Hess, Barboursville, Cabell County, for the term ending June 30, 2004.
   9.     For Member, State Library Commission, Kathryn McAteer, Shepherdstown, Jefferson County, for the term ending June 30, 2007.
  10.     For Member, State Library Commission, Mary Bland Strickland, Glenville, Gilmer County, for the term ending June 30, 2007.
  11.     For Member, Radiologic Technology Board of Examiners, Dr. I. Elaine Moore, St. Albans, Kanawha County, for the term ending June 30, 2006.
  12.     For Member, Board of Examiners of Psychologists, Thomas C. Stein, Moorefield, Hardy County, for the term ending June 30, 2007.
  13.     For Member, Acupuncture Board, Samantha von der Heyt, White Sulphur Springs, Greenbrier County, for the term ending June 30, 2005.
  14.     For Member, Acupuncture Board, Marian Hollinger, Morgantown, Monongalia County, for the term ending June 30, 2005.
  15.     For Member, Board of Landscape Architects, Roger J. Kennedy, St. Albans, Kanawha County, for the term ending June 30, 2005.
  16.     For Member, Board of Directors of the Affordable Housing Trust Fund, Robert E. Childers, Huntington, Cabell County, for the term ending June 30, 2005.
  And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
                         Respectfully submitted,
  
Shirley Love,

                          Chair.
__________

  The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, the special order thereon was called by the President.
  Thereupon, Senator Tomblin (Mr. President) laid before the Senate the following executive message:
  Senate Executive Message No. 1, dated June 14, 2004 (shown in the Senate Journal of today, pages 9 through 11, inclusive).
  Senator Love then moved that the Senate advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations.
  The question being on the adoption of Senator Love's aforestated motion,
  The roll was then taken; and
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--29.
  The nays were: Minear--1.
  Absent: Bailey, Edgell, Prezioso and White--4.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Love's motion had prevailed.
__________

  Consideration of executive nominations having been concluded,
  Without objection, the Senate returned to the third order of business.
  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. 2003, Making supplementary appropriation from revenue shortfall reserve fund and excess lottery revenue fund to various accounts.
  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. 2005, Making supplementary appropriation of federal funds to department of military affairs and public safety, office of secretary.
  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. 2007, Making supplementary appropriation to department of education from net lottery proceeds.
  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. 2009, Making supplementary appropriation to department of military affairs and public safety, state police, surplus real property proceeds 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. 2011, Making supplementary appropriations from state excess lottery revenue 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. 2013, Making supplementary appropriation to governor's office, governor's cabinet on children and families, and department of 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. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 201) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 201) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 201) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  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. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 205) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 205) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 205) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
   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. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 208) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 208) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 208) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
   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. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 209) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 209) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 209) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
   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. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 210) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 210) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 210) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
   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. 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 request of Senator Chafin, 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 Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 212) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 212) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Bailey, Edgell and Prezioso--3.
  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. 212) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
   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. 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 request of Senator Chafin, 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.
  Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
  Following discussion and a point of inquiry to the President, with resultant response thereto,
  Senator Deem arose to a point of order that the motion to suspend the constitutional rule is not a debatable motion.
  Which point of order, the President ruled well taken.
  The question being on the adoption of Senator Chafin's motion that the constitutional rule requiring a bill to be read on three separate days be suspended.
  On suspending the constitutional rule, the yeas were: Bowman, Caldwell, Chafin, Dempsey, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, White and Tomblin (Mr. President)--26.
  The nays were: Boley, Deem, Guills, Unger and Weeks--5.
  Absent: Bailey, Edgell and Prezioso--3.
   The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 202) was then read a third time and put upon its passage.
  Pending extended discussion,
  Senator Ross moved the previous question, which motion prevailed.
  The previous question having been ordered, that being on the passage of Engrossed House Bill No. 202.
  On the passage of the bill, the yeas were: Bowman, Caldwell, Chafin, Dempsey, Facemyer, Fanning, Harrison, Helmick, Hunter, Kessler, McCabe, McKenzie, Minard, Oliverio, Ross, Rowe, Sharpe, Snyder, Sprouse, White and Tomblin (Mr. President)--21.
  The nays were: Boley, Deem, Guills, Jenkins, Love, Minear, Plymale, Smith, Unger and Weeks--10.
  Absent: Bailey, Edgell and Prezioso--3.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 202) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bowman, Caldwell, Chafin, Dempsey, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--26.
  The nays were: Boley, Deem, Minear, Smith and Weeks--5.
  Absent: Bailey, Edgell and Prezioso--3.
   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. 202) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
   Senator Chafin offered the following pre-adjournment resolution:
  Senate Resolution No. 204--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 Chafin, 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, Jenkins and Harrison.
  Subsequently, Senator Rowe reported that the duties assigned by Senate Resolution No. 204 had been performed.
  Thereafter, a three-member delegation from the House of Delegates, namely
  Delegates Crosier, Talbott and Sumner, announced that that body also had completed its labors and was ready to adjourn sine die.
  Senator Chafin then offered the following resolution:
  Senate Resolution No. 205--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 Chafin, 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.
  The President next acknowledged another delegation from the House of Delegates, consisting of
  Delegates Manuel, Palumbo and Smirl, who announced that they had been appointed by that body to join with a 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.
  The Senate proceeded to the twelfth order of business.
  Remarks were made by Senators Chafin, Kessler and Deem.
  The Senate then proceeded to the thirteenth order of business.
  Senator McKenzie called attention to Thursday, June 17, 2004, being the birthday of the senator from Jackson and on behalf of the Senate extended felicitations and good wishes to Senator Facemyer, with Senator McKenzie leading the members in singing "Happy Birthday".
  At the request of Senator White, unanimous consent being granted, it was ordered that the Journal show had Senator White been present in the chamber in earlier proceedings tonight, he would have voted "yea" on the adoption of Senator Love's motion that the Senate advise and consent to all of the executive nominations referred to in the report from the Committee on Confirmations.
  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 second 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 Facemyer, 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 18th day of June, 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. 2003), Making supplementary appropriation from revenue shortfall reserve fund and excess lottery revenue fund to various accounts.
  (S. B. No. 2005), Making supplementary appropriation of federal funds to department of military affairs and public safety, office of secretary.
  (S. B. No. 2007), Making supplementary appropriation to department of education from net lottery proceeds.
  (S. B. No. 2009), Making supplementary appropriation to department of military affairs and public safety, state police, surplus real property proceeds fund.
  (S. B. No. 2011), Making supplementary appropriation from state excess lottery revenue fund.
  (S. B. No. 2013), Making supplementary appropriation to governor's office, governor's cabinet on children and families, and department of education.
   (H. B. No. 201), Special revenue account created for Division of Protective Services.
  (H. B. No. 202), Permitting the Economic Development Authority to own Morris Square for the purpose of leasing it to the City of Charleston.
  (H. B. No. 205), Supplemental appropriation to Department of Military Affairs and Public Safety, Division of Juvenile Services.
  (H. B. No. 208), Supplemental appropriation to the Public Service Commission.
  (H. B. No. 209), Supplemental appropriation, Bureau of Commerce, Division of Miners' Health, Safety and Training.
  (H. B. No. 210), Supplemental appropriation, Department of Military Affairs and Public Safety, Office of Emergency Services.
  And,
  (H. B. No. 212), Supplemental appropriation from general revenue surplus accrued.
                         Respectfully submitted,
                          Karen L. Facemyer,
                          Member, Senate Committee.
                          Sharon Spencer,
                          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 June 18, 2004, he had approved Enr. Senate Bill No. 2003, Enr. Senate Bill No. 2005, Enr. Senate Bill No. 2007, Enr. Senate Bill No. 2009, Enr. Senate Bill No. 2011, Enr. Senate Bill No. 2013, Enr. House Bill No. 201, Enr. House Bill No. 205, Enr. House Bill No. 208, Enr. House Bill No. 209, Enr. House Bill No. 210 and Enr. House Bill No. 212; and on June 28, 2004, he had approved Enr. House Bill No. 202.
  On motion of Senator Chafin, the second extraordinary session of the Senate in the year two thousand four adjourned sine die.
________