WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

THIRD EXTRAORDINARY SESSION, 2004

FIRST DAY

____________

Charleston, W. Va., Monday, November 15, 2004

     Pursuant to the proclamation of His Excellency, the Governor, the Honorable Bob Wise, dated the fifteenth day of November, two thousand four, convening the seventy-sixth Legislature of West Virginia in extraordinary session today (Monday, November 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 12 o'clock Noon, and was called to order by its President, the Honorable Earl Ray Tomblin.
     Prayer was offered by the Honorable Larry L. Rowe, a senator from the seventeenth district.
     On the call of the roll, the following answered to their names:
     Senators Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President).
     Thirty-two members having answered to their names, the President declared the presence of a quorum.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, convening the Legislature in extraordinary session, which was read by the Clerk:
STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

A P R O C L A M A T I O N

By the Governor

     I, BOB WISE, GOVERNOR of the State of West Virginia, by virtue of the authority vested in me by Section 7, Article VII of the Constitution of West Virginia, do hereby call the Legislature of West Virginia to convene in Extraordinary Session at twelve o'clock noon on the fifteenth day of November, 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 Governor's Civil Contingent Fund in order to supply, inter alia, relief to those counties and citizens affected by flooding.
     SECOND: Supplementary appropriation bills relating to the provision of moneys to the West Virginia State Police for the purchase of a helicopter.
     THIRD: A supplementary appropriation bill relating to the provision of federal moneys to the Insurance Commissioner for the West Virginia Health Insurance Plan.
     FOURTH: A supplementary appropriation bill relating to the
provision of federal moneys to the National Coal Heritage Area Authority for competitive grant awards.
     FIFTH: A supplementary appropriation bill relating to the provision of moneys to the Division of Culture and History for museum construction/renovation.
     SIXTH: A supplementary appropriation bill relating to the provision of moneys previously appropriated to the Workers' Compensation Fund to allow for the transfer and investment of said funds.
     SEVENTH: A supplementary appropriation bill relating to the provision of federal moneys to the Office of Emergency Services for a Homeland Security Special Volunteer Program.
     EIGHTH: A supplementary appropriation bill relating to the provision of moneys to the Division of Criminal Justice Services for community corrections.
     NINTH: A supplementary appropriation bill relating to the provision of moneys to the State Department of Education for increased enrollment.
     TENTH: Supplementary appropriation bills relating to the provision of moneys for correction of tax assessment errors.
     ELEVENTH: A supplementary appropriation bill relating to the provision of moneys to the West Virginia Development Office for economic development assistance.
     TWELFTH: Legislation relating to technical corrections regarding the West Virginia Health Insurance Plan Board's authority generally and clarifying language relating to creation of the West Virginia Health Insurance Plan Fund and the ability to receive and expend moneys from such fund.
     THIRTEENTH: Legislation relating to extending the time period for which Public Employees Insurance Reserve Fund moneys may be appropriated to the Bureau for Medical Services of the Department of Health and Human Resources.
     FOURTEENTH: A concurrent resolution relating to incorporating recommendations from the West Virginia Pharmaceutical Cost Management Council, including authorizing the Council's implementation of the Federal Supply Schedule as a benchmark for the negotiation and purchase of brand name drugs by the State of West Virginia and implementation of the strategic plan established in the Reference Pricing Report submitted September 10, 2004, and requesting the Council to recommend further legislative enactments as necessary.
     FIFTEENTH: Legislation, similar to Engrossed Senate Bill No. 579 considered during Regular Session, 2004, relating to technical corrections of and updates to the sex offender registration statutes in order to comply with federal standards.
     SIXTEENTH: Technical corrections to Enrolled Committee Substitute for House Bill No. 4001 from Regular Session, 2004, relating generally to ensuring safer schools and empowering teachers.
     SEVENTEENTH: Technical corrections to Enrolled Committee Substitute for House Bill No. 4156 from Regular Session, 2004, relating generally to DNA testing for convicts.
     EIGHTEENTH: Legislation relating to audit requirements of corporations, associations or other organizations which receive state funds or grants over $15,000 after the first day of July, 2004.
     NINETEENTH: Legislation relating to permitting the Secretary of Administration to promulgate rules concerning trespass upon state property.
     TWENTIETH: Legislation relating to enabling the Board of Medicine to license doctors under special circumstances if it is beneficial to the public interest.
     TWENTY-FIRST: Legislation relating to establishing, within the Office of the Secretary of State, a revolving loan account with moneys received from the federal Help America Vote Act to provide for county purchasing and maintenance of electronic voting equipment and software, providing the Secretary of State with authority to promulgate legislative rules for the use of such account, and designating certain duties to the State Elections Commission.
     TWENTY-SECOND: 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 November, in the year of our Lord, Two Thousand Four, and in the One Hundred Forty-second 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. 301--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, Dempsey 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 Foster, Craig and Smirl, announced that the House of Delegates has assembled in extraordinary session, with a quorum present, and is ready to proceed with the business stated in the proclamation convening the Legislature.
  Senator Chafin then offered the following resolution:
  Senate Resolution No. 302--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 Foster, Craig 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. 302. Senate and House members of this select committee then proceeded to the executive offices.
  Subsequently, Senator Sharpe reported that the joint Senate and House committee had performed the duty assigned to it.
  The Clerk presented a communication from the Board of Examiners for Licensed Practical Nurses, submitting its report on veteran testing as required by chapter thirty, article twenty-four, section seven of the code of West Virginia.
  Which report was received and filed with the Clerk.
  Senator Tomblin (Mr. President) presented a communication from the Department of Health and Human Resources, submitting its annual cancer registry report, in accordance with chapter sixteen, article thirty-three, 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 report was received and filed with the Clerk.
  Senator Tomblin (Mr. President) presented a communication from the Ron Yost Personal Assistance Services Program, submitting its annual report, in accordance with chapter eighteen, article ten-l, section seven 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

November 15, 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, Commission on Holocaust Education, Mary Jane Van Meter, Clay, Clay County, for the term ending June 30, 2004.
   2.    For Member, Auctioneers Board of Review, Shelby Crouse, St. Albans, Kanawha County, for the term ending January 1, 2007.
   3.    For Member, Auctioneers Board of Review, M. Preston Kirk, Princeton, Mercer County, for the term ending January 1, 2006.
   4.    For Member, Capitol Building Commission, Allan Tweddle, Charleston, Kanawha County, for the term ending June 30, 2006.
   5.    For Member, State Athletic Commission, Lance E. Rollo, Morgantown, Monongalia County, for the term ending June 30, 2008.
   6.    For Member, Board of Architects, Jeffry Kreps, Charleston, Kanawha County, for the term ending June 30, 2008.
   7.    For Member, Board of Architects, Gregory A. Williamson, Huntington, Cabell County, for the term ending June 30, 2009.
   8.    For Member, State Aeronautics Commission, Eldon J. Haught, Smithville, Ritchie County, for the term ending June 30, 2008.
   9.    For Member, State Aeronautics Commission, James Wallace, Mill Creek, Randolph County, for the term ending June 30, 2008.
   10.    For Member, Real Estate Commission, Vaughn L. Kiger, Morgantown, Monongalia County, for the term ending June 30, 2008.
   11.    For Member, Statewide Independent Living Council, Pamela S. Akers, Bluefield, Mercer County, for the term ending June 30, 2006.
   12.    For Member, Statewide Independent Living Council, Earl Hollinshead, Cheat Lake, Monongalia County, for the term ending June 30, 2007.
   13.    For Member, Statewide Independent Living Council, Deborah Smith, Charleston, Kanawha County, for the term ending June 30, 2007.
   14.    For Member, Statewide Independent Living Council, Kevin Smith, Vienna, Wood County, for the term ending June 30, 2007.
   15.    For Member, Statewide Independent Living Council, Kent Brown, Mineral Wells, Wood County, for the term ending June 30, 2007.
   16.    For Member, Statewide Independent Living Council, Craig Crossman, Charleston, Kanawha County, for the term ending June 30, 2007.
   17.    For Member, Statewide Independent Living Council, Cindy Spinks, Summersville, Nicholas County, for the term ending June 30, 2007.
   18.    For Member, Radiologic Technology Board of Examiners, Alice Belmont, Morgantown, Monongalia County, for the term ending June 30, 2007.
   19.    For Member, Radiologic Technology Board of Examiners, Jamie Browning, Logan, Logan County, for the term ending June 30, 2007.
   20.    For Member, Radiologic Technology Board of Examiners, Dr. James Baek, Charleston, Kanawha County, for the term ending June 30, 2007.
   21.    For Member, Marshall University Board of Governors, John G. Hess, Barboursville, Cabell County, for the term ending June 30, 2008.
   22.    For Member, Marshall University Board of Governors, Verna K. Gibson, Sarasota, Florida, for the term ending June 30, 2008.
   23.    For Member, Marshall University Board of Governors, Letitia Neese Chafin, Williamson, Mingo County, for the term ending June 30, 2008.
   24.    For Member, Southern West Virginia Community and Technical College Board of Governors, David R. Pierce, Normal, Illinois, for the term ending June 30, 2008.
   25.    For Member, Southern West Virginia Community and Technical College Board of Governors, Rory Perry, Logan, Logan County, for the term ending June 30, 2008.
   26.    For Member, Southern West Virginia Community and Technical College Board of Governors, James Sheatsley, Beckley, Raleigh County, for the term ending June 30, 2008.
   27.    For Member, Shepherd College Board of Governors, Manny Arvon, Martinsburg, Berkeley County, for the term ending June 30, 2008.
   28.    For Member, Shepherd College Board of Governors, Lacy Rice III, Washington, D. C., for the term ending June 30, 2007.
   29.    For Member, West Virginia University Board of Governors, Robert Wells, Baltimore, Maryland, for the term ending June 30, 2008.
   30.    For Member, West Virginia University Board of Governors, Stephen B. Farmer, Charleston, Kanawha County, for the term ending June 30, 2008.
   31.    For Member, West Virginia Northern Community and Technical College Board of Governors, Dr. Darrell Cummings, Wheeling, Ohio County, for the term ending June 30, 2008.
   32.    For Member, West Virginia Northern Community and Technical College Board of Governors, Danny Kaser, New Cumberland, Hancock County, for the term ending June 30, 2008.
   33.    For Member, West Virginia Council for Community and Technical College Education, James C. Cole, Petersburg, Grant County, for the term ending December 20, 2006.
   34.    For Member, Disaster Recovery Board, Michael D. Goode, Pineville, Wyoming County, for the term ending June 30, 2007.
   35.    For Member, Disaster Recovery Board, Matt Ballard, South Charleston, Kanawha County, for the term ending June 30, 2007.
   36.    For Member, Human Rights Commission, George Rutherford, Ranson, Jefferson County, for the term ending June 30, 2007.
   37.    For Member, Board of Registration for Professional Engineers, Frank Gaddy, Huntington, Cabell County, for the term ending June 30, 2008.
   38.    For Member, Board of Registration for Professional Engineers, Edward Robinson, Cross Lanes, Kanawha County, for the term ending June 30, 2009.
   39.    For Member, Board of Registration for Professional Engineers, Richard E. Plymale, Jr., Charleston, Kanawha County, for the term ending June 30, 2007.
   40.    For Member, Higher Education Policy Commission, J. Thomas Jones, Morgantown, Monongalia County, for the term ending June 30, 2008.
   41.    For Member, Commission for the Deaf and Hard of Hearing, Pierre Sevigny, Romney, Hampshire County, for the term ending June 30, 2005.
   42.    For Member, Commission for the Deaf and Hard of Hearing, Molly Stedman, Charleston, Kanawha County, for the term ending June 30, 2006.
   43.    For Member, Commission for the Deaf and Hard of Hearing, Melinda Siler, Parsons, Tucker County, for the term ending June 30, 2007.
   44.    For Member, Commission for the Deaf and Hard of Hearing, Charles Godfrey, Martinsburg, Berkeley County, for the term ending June 30, 2005.
   45.    For Member, Commission for the Deaf and Hard of Hearing, Jimmy Harrison, Hurricane, Putnam County, for the term ending June 30, 2007.
   46.    For Member, Commission for the Deaf and Hard of Hearing, Gary Vandevander, Lewisburg, Greenbrier County, for the term ending June 30, 2007.
   47.    For Member, Commission for the Deaf and Hard of Hearing, Charles Abraham, Huntington, Cabell County, for the term ending June 30, 2005.
   48.    For Member, Eastern West Virginia Community and Technical College Board of Governors, Robert Harman, Lahmansville, Grant County, for the term ending June 30, 2008.
   49.    For Member, Eastern West Virginia Community and Technical College Board of Governors, David Pancake, Romney, Hampshire County, for the term ending June 30, 2008.
   50.    For Member, Board of the College Prepaid Tuition and Savings Program, Peggy C. Hawse, Moorefield, Hardy County, for the term ending June 30, 2008.
   51.    For Member, Board of the College Prepaid Tuition and Savings Program, The Honorable Thais Blatnik, Wheeling, Ohio County, for the term ending June 30, 2007.
   52.    For Member, Board of the College Prepaid Tuition and Savings Program, Martin J. Gargano, Charleston, Kanawha County, for the term ending June 30, 2009.
   53.    For Member, Regional Jail and Correctional Facility Authority, Glen R. Stotler, Berkeley Springs, Morgan County, for the term ending June 30, 2007.
   54.    For Member, Regional Jail and Correctional Facility Authority, Garry E. Wheeler, Hinton, Summers County, for the term ending June 30, 2008.
   55.    For Member, Regional Jail and Correctional Facility Authority, Willie D. Akers, Logan, Logan County, for the term ending June 30, 2008.
   56.    For Member, Bluefield State College Board of Governors, Ann Crowe, Bluefield, Mercer County, for the term ending June 30, 2008.
   57.    For Member, West Virginia State University Board of Governors, Sharon Vaughan Suppa, Charleston, Kanawha County, for the term ending June 30, 2008.
   58.    For Member, West Virginia State University Board of Governors, Thomas Boston, Atlanta, Georgia, for the term ending June 30, 2007.
   59.    For Member, West Virginia State University Board of Governors, Patricia McClure, Logan, Logan County, for the term ending June 30, 2007.
   60.    For Member, West Virginia University Board of Governors, Curtis Barnette, Bethlehem, Pennsylvania, for the term ending June 30, 2008.
   61.    For Member, Center for Professional Development, Frank Devono, Clarksburg, Harrison County, for the term ending June 30, 2006.
   62.    For Member, Center for Professional Development, Victoria Smith, Huntington, Cabell County, for the term ending June 30, 2006.
   63.    For Member, Center for Professional Development, Bobbi Nicholson, Charleston, Kanawha County, for the term ending June 30, 2006.
   64.    For Member, Center for Professional Development, Lora Sturm, Ripley, Jackson County, for the term ending June 30, 2006.
   65.    For Member, Center for Professional Development, Jim Vickers, South Charleston, Kanawha County, for the term ending June 30, 2005.
   66.    For Member, Board of Examiners of Land Surveyors, Greg Smith, Letter Gap, Gilmer County, for the term ending June 30, 2007.
   67.    For Member, PROMISE Scholarship Board of Control, Nancy West, Follansbee, Brooke County, for the term ending February 24, 2008.
   68.    For Member, PROMISE Scholarship Board of Control, Frank Calabrese, Wheeling, Ohio County, for the term ending February 24, 2007.
   69.    For Member, PROMISE Scholarship Board of Control, Robert Fluharty, Charleston, Kanawha County, for the term ending February 24, 2006.
   70.    For Member, PROMISE Scholarship Board of Control, Larry P. Hardesty, Whitman, Logan County, for the term ending February 24, 2005.
   71.    For Member, PROMISE Scholarship Board of Control, Dr. William R. Haden, Buckhannon, Upshur County, for the term ending February 24, 2008.
   72.    For Member, PROMISE Scholarship Board of Control, Linda Morgan, Bridgeport, Harrison County, for the term ending February 24, 2006.
   73.    For Member, PROMISE Scholarship Board of Control, The Honorable Thais Blatnik, Wheeling, Ohio County, for the term ending February 24, 2005.
   74.    For Member, PROMISE Scholarship Board of Control, Delores Dotson, Lewisburg, Greenbrier County, for the term ending February 24, 2007.
   75.    For Member, PROMISE Scholarship Board of Control, Taylor Perry, Martinsburg, Berkeley County, for the term ending February 24, 2007.
   76.    For Member, PROMISE Scholarship Board of Control, Robert Sayre, Beckley, Raleigh County, for the term ending February 24, 2006.
   77.    For Member, West Virginia School of Osteopathic Medicine Board of Governors, Dr. Jane Johnson, Lewisburg, Greenbrier County, for the term ending June 30, 2008.
   78.    For Member, West Virginia School of Osteopathic Medicine Board of Governors, Dr. Donald Newell, Jr., Lochgelly, Fayette County, for the term ending June 30, 2008.
   79.    For Member, Public Port Authority, Stratius George Fotos, Huntington, Cabell County, for the term ending June 30, 2006.
   80.    For Member, Board of Landscape Architects, R. Todd Schoolcraft, Elkview, Kanawha County, for the term ending June 30, 2007.
   81.    For Member, Board of Landscape Architects, David Gilmore, Charleston, Kanawha County, for the term ending June 30, 2006.
   82.    For Member, Board of Barbers and Cosmetologists, Sarah B. Hamrick, Charleston, Kanawha County, for the term ending June 30, 2008.
   83.    For Member, Massage Therapy Licensure Board, Amy Parsons- White, St. Albans, Kanawha County, for the term ending June 30, 2005.
   84.    For Member, Agricultural Land Protection Authority Board of Trustees, Gary Foster, Fairmont, Marion County, for the term ending June 30, 2008.
   85.    For Member, Agricultural Land Protection Authority Board of Trustees, Bob Baird, Gallipolis Ferry, Mason County, for the term ending June 30, 2006.
   86.    For Member, Agricultural Land Protection Authority Board of Trustees, Rod Graves, Sinks Grove, Monroe County, for the term ending June 30, 2005.
   87.    For Member, Agricultural Land Protection Authority Board of Trustees, Boyd Meadows, Milton, Cabell County, for the term ending June 30, 2008.
   88.    For Member, Agricultural Land Protection Authority Board of Trustees, Bill Coffindaffer, Jane Lew, Harrison County, for the term ending June 30, 2005.
   89.    For Member, Agricultural Land Protection Authority Board of Trustees, Denzil Huff, Coxs Mills, Gilmer County, for the term ending June 30, 2008.
   90.    For Member, Agricultural Land Protection Authority Board of Trustees, James Moore, Hedgesville, Berkeley County, for the term ending June 30, 2006.
   91.    For Member, Agricultural Land Protection Authority Board of Trustees, Mark Metheny, Morgantown, Monongalia County, for the term ending June 30, 2006.
   92.    For Member, Agricultural Land Protection Authority Board of Trustees, Tim Cottrill, Point Pleasant, Mason County, for the term ending June 30, 2005.
   93.    For Member, Contractor Licensing Board, Gene Thompson, Nitro, Kanawha County, for the term ending June 30, 2008.
   94.    For Member, Contractor Licensing Board, Kenneth Tubbs, Frankford, Greenbrier County, for the term ending June 30, 2008.
   95.    For Member, Contractor Licensing Board, Randy Ferguson, Huntington, Cabell County, for the term ending June 30, 2008.
   96.    For Member, Board of Dental Examiners, Dr. David Edwards, Wellsburg, Brooke County, for the term ending June 30, 2009.
   97.    For Member, West Liberty State College Board of Governors, Bernard P. Twigg, Glen Dale, Marshall County, for the term ending June 30, 2008.
   98.    For Member, Educational Broadcasting Authority, Susan M. Caperton, Shepherdstown, Jefferson County, for the term ending June 30, 2007.
   99.    For Member, Veterans' Council, Robert E. Vass, Sr., Huntington, Cabell County, for the term ending June 30, 2009.
  100.    For Member, Veterans' Council, Richard Homan, Franklin, Pendleton County, for the term ending June 30, 2008.
  101.    For Member, Veterans' Council, William Bernard Simpson, Martinsburg, Berkeley County, for the term ending June 30, 2008.
  102.    For Member, Veterans' Council, Jared Welker, Huntington, Cabell County, for the term ending June 30, 2010.
  103.    For Member, Health System Board, John Keeley, Clarksburg, Harrison County, for the term ending October 15, 2010.
  104.    For Member, Health System Board, Phil Bostic, White Sulphur Springs, Greenbrier County, for the term ending October 15, 2010.
  105.    For Member, Health System Board, W. Marston Becker, Charleston, Kanawha County, for the term ending October 15, 2010.
  106.    For Member, Public Employees Insurance Agency Finance Board, Perry Bryant, Charleston, Kanawha County, for the term ending June 30, 2008.
  107.    For Member, Public Employees Insurance Agency Finance Board, Jim Schneider, Hurricane, Putnam County, for the term ending June 30, 2007.
  108.    For Member, Public Employees Insurance Agency Finance Board, Jim Keresztury, Morgantown, Monongalia County, for the term ending June 30, 2008.
  109.    For Member, Board of Medicine, Dr. Badshah J. Wazir, Charleston, Kanawha County, for the term ending September 30, 2008.
  110.    For Member, Workforce Investment Council, Linda K. Wellings, Buckhannon, Upshur County, for the term ending May 22, 2005.
  111.    For Member, Board of Medicine, Dr. Angelo N. Georges, Wheeling, Ohio County, for the term ending September 30, 2007.
  112.    For Member, Records Management and Preservation Board, Brian Hopkins, Charleston, Kanawha County, for the term ending June 30, 2006.
  113.    For Member, Board of Medicine, Kenneth Dean Wright, Huntington, Cabell County, for the term ending September 30, 2007.
  114.    For Member, Capitol Building Commission, Harold Starcher, Ripley, Jackson County, for the term ending June 30, 2006.
  115.    For Member, Parkways, Economic Development and Tourism Authority, Ann Bradley, Charleston, Kanawha County, for the term ending May 31, 2012.
  116.    For Member, Economic Development Authority, Allen R. Butcher, Parkersburg, Wood County, for the term ending June 30, 2007.
  117.    For Member, Library Commission, Dennis C. Altizer, Welch, McDowell County, for the term ending June 30, 2005.
  118.    For Member, Commission on Holocaust Education, Brian O'Connell, South Charleston, Kanawha County, for the term ending June 30, 2007.
  119.    For Member, Jobs Investment Trust Board, David A. Call, Charleston, Kanawha County, for the term ending June 30, 2008.
  120.    For Member, Higher Education Policy Commission, Richard Adams, Parkersburg, Wood County, for the term ending June 30, 2008.
  121.    For Member, Board of Education, Priscilla Haden, Charleston, Kanawha County, for the term ending November 4, 2013.
  122.    For Member, Natural Resources Commission, Frank Jezioro, Flemington, Taylor County, for the term ending June 30, 2008.
  123.    For Member, Natural Resources Commission, Don Molter, Clarksburg, Harrison County, for the term ending June 30, 2005.
  124.    For Member, Tourism Commission, Sharon Rowe, White Sulphur Springs, Greenbrier County, for the term ending May 1, 2008.
  125.    For Member, Women's Commission, Elaine Harris, St. Albans, Kanawha County, for the term ending June 30, 2007.
  126.    For Member, Women's Commission, Margaret Jarvis, Poca, Putnam County, for the term ending June 30, 2007.
  127.    For Member, Investment Management Board, The Honorable Charles Smith, Charleston, Kanawha County, for the term ending January 31, 2010.
  128.    For Member, West Liberty State College Board of Governors, Niall A. Paul, Charleston, Kanawha 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 for 6 p.m. today.
  Pending announcement of majority and minority party caucuses,
  On motion of Senator Chafin, the Senate recessed until 3 p.m. today.
  Upon expiration of the recess, the Senate reconvened and 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. 3001--A Bill to amend and reenact §11B-2-15 of the code of West Virginia, 1931, as amended, relating to appropriation in certain fiscal years of moneys to the bureau for medical services of the department of health and human resources from funds held in reserve for the public employees insurance agency.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 3002--A Bill to amend and reenact §3-1-48 of the code of West Virginia, 1931, as amended, relating to facilitating implementation of the "Help America Vote Act of 2002"; implementing electronic voting systems; providing legislative findings; continuing the state election fund; specifying requirements for funding county voting system; allowing loans to counties; establishing special revenue account; specifying criteria for obtaining a loan; providing for investment of fund moneys; allowing loans to counties for electronic voting systems; specifying eligibility requirements for loans; giving authority to state election commission to waive matching moneys; limiting availability of loans; specifying duties of secretary of state; and authorizing methods for compelling repayment of loans.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 3003--A Bill to amend and reenact §30-3-10 of the code of West Virginia, 1931, as amended, relating to granting the board of medicine flexibility under special circumstances to issue a license.
  Referred to the Committee on the Judiciary.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 3004--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-12; and to amend and reenact §61-3b-5 of said code, all relating to regulating activities and access at state- owned facilities; granting department of administration rule-making authority; and establishing criminal penalties.
  Referred to the Committee on the Judiciary.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 3005--A Bill to amend and reenact §33-48-2, §33-48-4, §33-48-6 and §33-48-7 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-48-7a, all relating to the West Virginia health insurance plan; placing the plan within the office of the insurance commissioner; exempting the plan from certain state purchasing requirements; authorizing the hiring of an executive director and exempting such director from the classified service; changing eligibility criteria for the plan; limiting the eligibility of recipients of the West Virginia children's health insurance program; prohibiting balance billing of plan members by health care providers for covered services provided under the plan; authorizing the insurance commissioner to utilize department staff and resources in administering the plan; and creating a special revenue account known as the "West Virginia health insurance plan fund" for the purpose of receiving and expending moneys to be used in connection with the West Virginia health insurance plan.
  Referred to the Committee on the Judiciary.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 3006--A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated surplus balance in the state fund, general revenue, to the department of education, state department of education, fund 0313, fiscal year 2005, organization 0402, the department of education and the arts, division of culture and history, fund 0293, fiscal year 2005, organization 0432, the department of military affairs and public safety, division of criminal justice services, fund 0546, fiscal year 2005, organization 0620, and the bureau of commerce, West Virginia development office, fund 0256, fiscal year 2005, organization 0307, by 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. 3007--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 excess lottery revenue fund to a new item of appropriation designated to the West Virginia state police, fund 6394, fiscal year 2005, organization 0612, by supplementing and amending chapter thirteen, acts of the Legislature, regular session, two thousand four, known as the budget bill.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 3008--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to the department of military affairs and public safety - West Virginia state police - surplus transfer account, fund 6519, fiscal year 2005, organization 0612, by 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. 3009--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 new items of appropriation designated to the department of revenue, insurance commissioner, fund 8883, fiscal year 2005, organization 0704, and to the national coal heritage area authority, fund 8869, fiscal year 2005, organization 0941, by supplementing and amending chapter thirteen, acts of the Legislature, regular session, two thousand four, known as the budget bill.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 3010--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, by 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. 3011--A Bill making a supplementary appropriation of excess lottery revenue funds to the workers' compensation commission, fund 3460, fiscal year 2005, organization 0322, by 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. 3012--A Bill to amend and reenact §12-4-14 of the code of West Virginia, 1931, as amended, relating to auditing corporations, associations or other organizations which receive state funds or grants.
  Referred to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
  Senate Bill No. 3013--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 five, in the amount of twelve million five hundred thousand dollars from the revenue shortfall reserve fund, fund 7005, organization 0701, 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 five, to the governor's office - civil contingent fund, fund 0105, fiscal year 2005, organization 0100.
  Referred to the Committee on Finance.
  Senators Tomblin (Mr. President), Prezioso, Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger and White offered the following resolution:
  Senate Concurrent Resolution No. 301--Authorizing the use or reference of the Federal Supply Schedule in establishing a benchmark for prescription drug prices for the negotiation and purchase of brand name drugs by the State of West Virginia; authorizing the Pharmaceutical Cost Management Council to implement the strategic plan established in the Reference Pricing Report submitted on September 10, 2004, to the Joint Committee on Government and Finance in accordance with the provisions of article three-c, chapter five-a of the code of West Virginia, 1931, as amended; and requesting the Pharmaceutical Cost Management Council recommend legislative enactments as necessary, from time to time, to implement the same.
  Whereas, In accordance with the provisions of section six-d, article three-c, chapter five-a of the code, the Pharmaceutical Cost Management Council has recommended the establishment of a pricing schedule using or referencing the Federal Supply Schedule as a benchmark for prescription drug prices for the negotiation and purchase of brand name drugs; and
  Whereas, In accordance with the provisions of section six-e, article three-c, chapter five-a of the code, the adoption of a concurrent resolution by the Legislature is required to authorize the use or reference of the Federal Supply Schedule as a benchmark for prescription drug prices for the negotiation and purchase of brand name drugs and the implementation of the strategic plan established in the Reference Pricing Report; therefore, be it
  Resolved by the Legislature of West Virginia:
  That the Legislature hereby authorizes the use or reference of the Federal Supply Schedule in establishing a benchmark for prescription drug prices for the negotiation and purchase of brand name drugs by the State of West Virginia; and, be it
  Further Resolved, That the Legislature hereby authorizes the Pharmaceutical Cost Management Council to implement the strategic plan established in the Reference Pricing Report; and, be it
  Further Resolved, That the Legislature hereby requests the Pharmaceutical Cost Management Council to recommend legislative enactments as necessary, from time to time, to implement the same.
  At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
  The question being on the adoption of the resolution.
  Pending discussion,
  The question being on the adoption of the resolution (S. C. R. No. 301), the same was put and prevailed.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Pending announcement of meetings of standing committees of the Senate,
  On motion of Senator Chafin, the Senate recessed until 6 p.m. today.
  Upon expiration of the recess, the Senate reconvened.
  On motion of Senator Love, the special order of business set for this position on the calendar (consideration of executive nominations) was postponed and made a special order of business for tomorrow, Tuesday, November 16, 2004, at 11 a.m.
  Without objection, the Senate returned to the third order of business.
  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. 301--A Bill making a supplementary appropriation of excess lottery revenue funds to the workers' compensation commission, fund 3460, fiscal year 2005, organization 0322, 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.
  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. 302--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 new items of appropriation designated to the department of revenue, insurance commissioner, fund 8883, fiscal year 2005, organization 0704, and to the national coal heritage area authority, fund 8869, fiscal year 2005, organization 0941, all supplementing and amending chapter thirteen, acts of the Legislature, regular session, two thousand four, known as the budget bill.
  Referred to the Committee on Finance.
  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. 303--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.
  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. 304--A Bill to amend and reenact §15-12-2, §15-12-2a, §15-12-3, §15-12-5, §15-12-6, §15-12-7 and §15-12-8 of the code of West Virginia, 1931, as amended; and further amending said code by adding thereto a new section, designated §15-12-3a, all relating to sex offender registration; adding information related to motor vehicles owned or regularly operated by a registrant to the registry; providing definition of business days; requiring registration upon conviction, release or other disposition status; providing that sexually violent predators may petition for removal from the registry only if an underlying conviction is reversed or vacated; clarifying permissible disclosure of information on the registry; clarifying duties of institution officials and persons required to register; and creating a penalty for any person to knowingly fail to report required information or to knowingly refuse or falsify required information.
  Referred to the Committee on the Judiciary.
  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. 305--A Bill to amend and reenact §15-2B-3 and §15-2B-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-2B- 14, all relating to DNA testing for convicts under certain circumstances.
  Referred to the Committee on the Judiciary.
  The Senate proceeded to the fourth order of business.
  Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration
  Senate Bill No. 3001, Extending time moneys in public employees insurance reserve fund can be appropriated to bureau for medical services.
  And reports the same back with the recommendation that it do pass.
                         Respectfully submitted,
                          Walt Helmick,
                          Chair.
  At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 3001) contained in the preceding report from the Committee on Finance 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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 3001 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 3001) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--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. 3001) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration
  Senate Bill No. 3002, Implementing "Help America Vote Act of 2002".
  And has amended same.
  And reports the same back with the recommendation that it do pass, as amended.
                         Respectfully submitted,
                          Walt Helmick,
                          Chair.
  At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 3002) contained in the preceding report from the Committee on Finance 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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  The bill (S. B. No. 3002) was then read a second time.
  The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
  On page two, section forty-eight, line twenty-three, by striking out the word "heretofore";
  On page three, section forty-eight, line one, by striking out the word "hereby";
  On page three, section forty-eight, line eight, by striking out the word "hereby";
  On page three, section forty-eight, line twenty-two, by striking out the word "thereon" and inserting in lieu thereof the words "on the moneys in the fund";
  On page four, section forty-eight, line eighteen, after the word "votes" by inserting a colon and the words "Provided, That any county commission that purchased an electronic voting system prior to the thirteenth day of November, two thousand four, is eligible to apply for matching funds under this section to upgrade the system: Provided, however, That matching funds available for an upgrade shall not exceed the amount available under subdivision (1), subsection (g) of this section for the purchase of a new electronic voting system under the secretary of state's authorized contract. The loans shall be made";
  On page six, section forty-eight, lines nine and ten, by striking out the words "not more than five additional years if a waiver of matching funds is granted" and inserting in lieu thereof the words "on a year-to-year basis, for a repayment period not to exceed five additional years";
  On page six, section forty-eight, line fifteen, after the word "promulgation" by inserting the words "in accordance with article three, chapter twenty-nine-a of this code";
  On page six, section forty-eight, line seventeen, by striking out the words "No loan may be approved" and inserting in lieu thereof the words "The state election commission may not approve a loan";
  On page six, section forty-eight, line twenty-one, by striking out the word "No" and inserting in lieu thereof the words "The state election commission may not approve a";
  And,
  On page six, section forty-eight, line twenty-three, by striking out the words "may be approved".
  The bill (S. B. No. 3002), as amended, was ordered to engrossment and third reading.
  Engrossed Senate Bill No. 3002 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
  The nays were: Bailey--1.
  Absent: Caldwell, Deem and Smith--3.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 3002) passed.
  The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
  On page one, by striking out the title and substituting therefor a new title, to read as follows:
  Eng. Senate Bill No. 3002--A Bill to amend and reenact §3-1-48 of the code of West Virginia, 1931, as amended, relating to facilitating implementation of the "Help America Vote Act of 2002"; implementing electronic voting systems; providing legislative findings; continuing the state election fund; establishing special revenue account; specifying criteria for obtaining a loan; providing for investment of fund moneys; allowing loans to counties for electronic voting systems and for upgrades of previously purchased electronic voting systems; specifying eligibility requirements for loans; giving authority to state election commission to waive matching moneys; authorizing emergency and legislative rules; limiting availability of loans; specifying duties of secretary of state; and authorizing methods for compelling repayment of loans.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
  The nays were: Bailey--1.
  Absent: Caldwell, Deem and Smith--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. 3002) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
  Your Committee on the Judiciary has had under consideration
  Senate Bill No. 3003, Granting board of medicine flexibility to issue license in certain cases.
  And reports back a committee substitute for same with the following title:
  Com. Sub. for Senate Bill No. 3003 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §30-3-10 of the code of West Virginia, 1931, as amended, relating to granting the board of medicine flexibility under special circumstances to issued a license to applicants who otherwise do not meet the requirement of the article; allowing granting of licensure where there are purely technical, nonmaterial errors or omissions in the application process; setting forth criteria for issuance of licenses in extraordinary circumstances; requiring that those issued licenses under extraordinary circumstances have substantially equivalent credentials; requiring a three-fourths vote for issuance of an extraordinary circumstances license; requiring reporting to president of Senate and speaker of the House of Delegates of board's decision; application for extraordinary circumstances applications; and establishing first day of July, two thousand five, as the cut-off date for applying for extraordinary circumstances licensure.
  And,
  Senate Bill No. 3004, Permitting department of administration to regulate activities and access at state-owned facilities.
  And reports back a committee substitute for same with the following title:
  Com. Sub. for Senate Bill No. 3004 (originating in the Committee on the Judiciary)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-4-7 relating to granting the department of administration rule-making authority to regulate access to state- owned facilities.
  With the recommendation that the two committee substitutes do pass.
                         Respectfully submitted,
                          Jeffrey V. Kessler,
                          Chair.
  At the request of Senator Kessler, unanimous consent being granted, Committee Substitute for Senate Bill No. 3003 contained in the preceding report from the Committee on the Judiciary 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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Committee Substitute for Senate Bill No. 3003 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--28.
  The nays were: Jenkins, Rowe and Unger--3.
  Absent: Caldwell, Deem and Smith--3.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 3003) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--28.
  The nays were: Jenkins, Rowe and Unger--3.
  Absent: Caldwell, Deem and Smith--3.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 3003) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Kessler, unanimous consent being granted, Committee Substitute for Senate Bill No. 3004 contained in the preceding report from the Committee on the Judiciary 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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Committee Substitute for Senate Bill No. 3004 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 3004) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 3004) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
  Your Committee on the Judiciary has had under consideration
  Senate Bill No. 3005, Relating to health insurance plan board's authority; clarifying certain language.
  And reports the same back with the recommendation that it do pass.
                         Respectfully submitted,
                          Jeffrey V. Kessler,
                          Chair.
  At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 3005) contained in the preceding report from the Committee on the Judiciary 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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 3005 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 3005) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--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. 3005) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration
  Senate Bill No. 3006, Making supplementary appropriations to various agencies.
  Senate Bill No. 3007, Making supplementary appropriation to state police from excess lottery revenue surplus.
  And,
  Senate Bill No. 3008, Making supplementary appropriation to department of military affairs and public safety, transfer of funds.
  And reports the same back with the recommendation that they each do pass.
                         Respectfully submitted,
                          Walt Helmick,
                          Chair.
  At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 3006 contained in the preceding report from the Committee on Finance 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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 3006 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--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. 3006) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--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. 3006) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 3007 contained in the preceding report from the Committee on Finance 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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 3007 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--29.
  The nays were: Rowe and Sprouse--2.
  Absent: Caldwell, Deem and Smith--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. 3007) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--29.
  The nays were: Rowe and Sprouse--2.
  Absent: Caldwell, Deem and Smith--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. 3007) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 3008 contained in the preceding report from the Committee on Finance 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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 3008 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Weeks, White and Tomblin (Mr. President)--28.
  The nays were: Rowe, Sprouse and Unger--3.
  Absent: Caldwell, Deem and Smith--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. 3008) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Weeks, White and Tomblin (Mr. President)--28.
  The nays were: Rowe, Sprouse and Unger--3.
  Absent: Caldwell, Deem and Smith--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. 3008) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration
  Senate Bill No. 3012, Relating to auditing corporations, associations or other organizations receiving state funds or grants.
  And has amended same.
  And reports the same back with the recommendation that it do pass, as amended.
                         Respectfully submitted,
                          Walt Helmick,
                          Chair.
  At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 3012) contained in the preceding report from the Committee on Finance 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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: None.
  Absent: Caldwell, Deem and Smith--3.
  The bill (S. B. No. 3012) was then read a second time.
  The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
  On page one, section fourteen, line twenty-four, by striking out the words "after the first day of July, two thousand four,";
  On page two, section fourteen, line eight, after the word "grantee" by inserting a comma and the words "other than a volunteer fire department,";
  And,
  On page two, section fourteen, line nine, by striking out the word "failing" and inserting in lieu thereof the words "which fails".
  The bill (S. B. No. 3012), as amended, was ordered to engrossment and third reading.
  Engrossed Senate Bill No. 3012 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
  The nays were: Minard--1.
  Absent: Caldwell, Deem and Smith--3.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 3012) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
  The nays were: Minard--1.
  Absent: Caldwell, Deem and Smith--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. 3012) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Pending announcement of meetings of standing committees of the Senate,
  On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, November 16, 2004, at 11 a.m.
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