WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

THIRD EXTRAORDINARY SESSION, 2004

SECOND DAY

____________

Charleston, W. Va., Tuesday, No    vember 16, 2004

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Steve Harrison, a senator from the eighth district.
     Pending the reading of the Journal of Monday, November 15, 2004,
     On motion of Senator Ross, the Journal was approved and the further reading thereof dispensed with.
     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 at 2 p.m. today.
     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 16, 2004

Senate Executive Message No. 2
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 Examiners for Registered Professional Nurses, Pamela L. Alderman, Chapmanville, Logan County, for the term ending June 30, 2009.
     2.   For Member, Board of Pharmacy, Charles L. Woolcock, Barboursville, Cabell County, for the term ending June 30, 2009.
     3.   For Member, Board of Pharmacy, Sam Kapourales, Williamson, Mingo County, for the term ending June 30, 2009.
     4.   For Member, Council for Community and Technical College Education, Ruth Scott, Madison, Boone County, for the term ending December 20, 2004.
     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 referred to the Committee on Confirmations and incorporated with the executive nominations received earlier this session; all to be considered as a special order of business at 2 p.m. today.
     The Senate proceeded to the fourth order of business.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. House Bill No. 304, Bringing the West Virginia Sex Offender Registration Act into minimum federal standards.
     And,
     Eng. House Bill No. 305, Providing the West Virginia State Police the ability to define and draw DNA samples from convicted felons for the purpose of maintaining a DNA database.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, Engrossed House Bill No. 304 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: Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Deem, Plymale and Smith--4.
     The bill was read a second time and ordered to the third reading.
     Having been engrossed, the bill (Eng. H. B. No. 304) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Deem, Plymale and Smith--4.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 304) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Deem, Plymale and Smith--4.
     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. 304) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     At the request of Senator Kessler, unanimous consent being granted, Engrossed House Bill No. 305 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: Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Deem, Plymale and Smith--4.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 305) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Deem, Plymale and Smith--4.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 305) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Deem, Plymale and Smith--4.
     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. 305) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the thirteenth order of business.
     Senator Fanning called attention to today being the birthdays of the senator from Wetzel and the senator from Marshall and on behalf of the Senate extended felicitations and good wishes to Senators Edgell and Kessler, with Senator Sharpe leading the members in singing "Happy Birthday".
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 2 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 at 4 p.m. today.
     Without objection, the Senate returned to third order of business.
      A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     Senate Concurrent Resolution No. 301, Authorizing use of federal supply schedule as benchmark for negotiation and purchase of brand name drugs.
      At the request of Senator Prezioso, and by unanimous consent, Senator Prezioso addressed the Senate regarding the adoption of Senate Concurrent Resolution No. 301.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following supplement to the proclamation dated November 15, 2004, from His Excellency, the Governor, 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 amend my proclamation dated the fifteenth day of November, two thousand four, calling the Legislature of West Virginia to convene in Extraordinary Session at twelve o'clock noon, on the fifteenth day of November, 2004, in its chambers in the State Capitol, City of Charleston, by adding thereto the additional purpose of considering and acting upon the following matter:
     TWENTY-THIRD: Legislation relating to tax credits available under the Capital Company Act for the purpose of economic development for the chemical industry and high technology research.
     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 Sixteenth 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.
  The Senate again 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. 3013, Making supplementary appropriation from revenue shortfall reserve fund to governor's office, civil contingent fund.
  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. 3013) 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, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  The bill (S. B. No. 3013) 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, line seven, by striking out the words "twelve million five hundred thousand" and inserting in lieu thereof the words "six million";
  And,
  On page two, line twenty-two, by striking out "$12,500,000" and inserting in lieu thereof "$6,000,000".
  The bill (S. B. No. 30132), as amended, was ordered to engrossment and third reading.
  Engrossed Senate Bill No. 3013 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  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. 3013) 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. 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 six million 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.
   Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  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. 3013) 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
  Eng. House Bill No. 301, Supplementary appropriation of excess lottery revenue funds to the workers' compensation commission.
  Eng. House Bill No. 302, Supplementary appropriation to the department of revenue, insurance commission.
  And,
  Eng. House Bill No. 303, Supplementary appropriation to the department of military affairs and public safety.
  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, Engrossed House Bill No. 301 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, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 301) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  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. 301) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  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. 301) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  At the request of Senator Helmick, unanimous consent being granted, Engrossed House Bill No. 302 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, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 302) was then read a third time and put upon its passage.
  Prior to the call of the roll, Senator Bailey moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
  On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)-29.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  Excused from voting: Bailey--1.
  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. 302) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)-29.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  Excused from voting: Bailey--1.
  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. 302) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  At the request of Senator Helmick, unanimous consent being granted, Engrossed House Bill No. 303 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, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 303) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  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. 303) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  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. 303) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
  The Senate proceeded to the sixth order of business.
  At the request of Senator McCabe, and by unanimous consent, the following bill was introduced from the floor:
  By Senator McCabe:
  Senate Bill No. 3014--A Bill to amend and reenact §5E-1-8 of the code of West Virginia, 1931, as amended, relating to modifying the total tax credits available under the capital company act during the fiscal year beginning on the first day of July, two thousand four; limiting the availability of certain tax credits to qualified economic development and technology advancement centers; and authorizing the economic development authority to establish criteria for the determination of the allocation of certain tax credits by vote of the majority of the authority.
  At the request of Senator McCabe, 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: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 3014 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 3014) passed with its title.
  Senator Chafin moved that the bill take effect from passage.
  On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Plymale, Smith and White--4.
  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. 3014) 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 a meeting of a standing committee of the Senate,
  On motion of Senator Chafin, the Senate recessed until 4:45 p.m. today.
  Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, 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 November 15, 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, 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.
   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.
   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.
   19.    For Member, Radiologic Technology Board of Examiners, Jamie Browning, Logan, Logan 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.
   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.
   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.
   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.
   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.
   53.    For Member, Regional Jail and Correctional Facility Authority, Glen R. Stotler, Berkeley Springs, Morgan County, for the term ending June 30, 2007.
   55.    For Member, Regional Jail and Correctional Facility Authority, Willie D. Akers, Logan, Logan 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.
   66.    For Member, Board of Examiners of Land Surveyors, Greg Smith, Letter Gap, Gilmer County, for the term ending June 30, 2007.
   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.
   71.    For Member, PROMISE Scholarship Board of Control, Dr. William R. Haden, Buckhannon, Upshur County, for the term ending February 24, 2008.
   73.    For Member, PROMISE Scholarship Board of Control, The Honorable Thais Blatnik, Wheeling, Ohio County, for the term ending February 24, 2005.
   79.    For Member, Public Port Authority, Stratius George Fotos, Huntington, Cabell 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.
   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.
   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.
  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.
  109.    For Member, Board of Medicine, Dr. Badshah J. Wazir, Charleston, Kanawha County, for the term ending September 30, 2008.
  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.
  114.    For Member, Capitol Building Commission, Harold Starcher, Ripley, Jackson County, for the term ending June 30, 2006.
  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.
  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.
  And,
  Senate Executive Message No. 2, dated November 16, 2004, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 2 is submitted:
   1. For Member, Board of Examiners for Registered Professional Nurses, Pamela L. Alderman, Chapmanville, Logan County, for the term ending June 30, 2009.
  2. For Member, Board of Pharmacy, Charles L. Woolcock, Barboursville, Cabell County, for the term ending June 30, 2009.
  3. For Member, Board of Pharmacy, Sam Kapourales, Williamson, Mingo County, for the term ending June 30, 2009.
  4. For Member, Council for Community and Technical College Education, Ruth Scott, Madison, Boone County, for the term ending December 20, 2004.
  And reports the same back with the recommendations 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 messages:
  Senate Executive Message No. 1, dated November 15, 2004 (shown in the Senate Journal of that day, pages 9 to 23, inclusive);
  And,
  Senate Executive Message No. 2, dated November 16, 2004 (shown in the Senate Journal of today, page 2).
  Senator Love then moved that the Senate do advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations.
  On motion of Senator Kessler, Senator Love's motion was amended to provide that the nomination of Letitia Neese Chafin to the Marshall University Board of Governors (being nomination number 23 in Executive Message No. 1) be considered separately.
  The question being on the adoption of Senator Love's motion, as amended,
  The roll was then taken; and
  On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--26.
  The nays were: None.
  Absent: Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White--8.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Love's motion, as amended, had prevailed.
  Senator Kessler then moved that the nomination of Letitia Neese Chafin to the Marshall University Board of Governors (being nomination number 23 in Executive Message No. 1) be confirmed.
  Prior to the call of the roll, Senator Chafin moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
  The roll was then taken; and
  On this question, the yeas were: Bailey, Boley, Bowman, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--25.
  The nays were: None.
  Absent: Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White-8.
  Excused from voting: Chafin--1.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Kessler's motion had prevailed and the nomination of Letitia Neese Chafin to the Marshall University Board of Governors had been confirmed.
  Senator Bowman moved that the Senate advise and consent to the nomination of M. Preston Kirk to the Auctioneers Board of Review (being nomination number 3 in Executive Message No. 1).
  Prior to the call of the roll, Senator Oliverio moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
  The roll was then taken; and
  On this question, the yeas were: Bailey, Boley, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--24.
  The nays were: None.
  Absent: Bowman, Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White--9.
  Excused from voting: Oliverio--1.
  So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Bowman's motion had prevailed and the nomination of M. Preston Kirk to the Auctioneers Board of Review had been confirmed.
__________

  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. 3001, Extending time moneys in public employees insurance reserve fund can be appropriated to bureau for medical services.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
  Eng. Com. Sub. for Senate Bill No. 3003, Granting board of medicine flexibility to issue license to certain applicants.
  A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
  Eng. Senate Bill No. 3006, Making supplementary appropriations to various agencies.
  On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendments to the bill were reported by the Clerk:
  On page three, line eighteen, by striking out the word "That" and inserting in lieu thereof the words "And, that";
  On page four, by striking out all of lines nine through twenty-three;
  And,
  On page one, by striking out the title and substituting therefor a new title, to read as follows:
  Eng. 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, and the department of military affairs and public safety, division of criminal justice services, fund 0546, fiscal year 2005, organization 0620, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
  On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
  Engrossed Senate Bill No. 3006, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--26.
  The nays were: None.
  Absent: Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White--8.
  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 House of Delegates amended 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, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--26.
  The nays were: None.
  Absent: Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White--8.
  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.
  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. 3007, Making supplementary appropriation to state police from excess lottery revenue surplus.
  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. 3008, Making supplementary appropriation to department of military affairs and public safety, transfer of funds.
  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. 308--A Bill to amend and reenact §18-2E-5 and §18-2E-5c of the code of West Virginia, 1931, as amended; to amend and reenact §18-5-15f of said code; to amend said code by adding thereto a new section, designated §18-5-46; to amend and reenact §18-20-5 of said code; to amend and reenact §18A-2-12 of said code; to amend said code by adding thereto a new section, designated §18A-2-12a; and to amend and reenact §18A-5-1 and §18A- 5-1a, all relating to the process for improving education and removing impediments to improving performance and progress; making technical references, grammatical corrections and stylistic changes; refocusing school and county improvement plans; requiring unified school improvement plan boilerplate; adding requirement for standards; revising performance measures and specifying their use; modifying requirements for assessments; adding indicators of exemplary performance and progress; specifying use of efficiency indicators; reorienting system of education performance audits; changing policy for making on-site reviews of schools and school systems; modifying who office of education performance audits reports to; modifying salary cap for office director; revising and adding items specified for compliance documentation on checklist format; modifying process for selection of schools and school systems for on-site review; open meetings exemption for state board during certain discussions; modifying limitation in scope of on- site review; modifying persons to be included in an on-site review; expanding on-site exit conferences and specifying purpose; modifying time limitations for on-site review reports; making certain findings and excluding certain areas from review by performance audits; further specifying conditions for student transfers from seriously impaired schools; granting certain authority for real estate transactions to state board during state intervention; clarifying rights of principal removed from seriously impaired school; specifying certain notice requirements by state board to process for improving education council; recording suspensions and expulsions on the West Virginia education information system; prohibiting a teacher from being required to change grade; exception; limiting state rules, policies and standards for exceptional children programs to federal requirements and directing report of review and comparison of laws to legislative oversight commission; restricting publication of lesson plans; setting forth general statement on relations between county boards and school personnel; and placing sole responsibility for proper student discipline with county boards and requiring county board policies.
  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: Bailey, Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--26.
  The nays were: None.
  Absent: Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White--8.
  The bill was read a second time and ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 308) 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, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--26.
  The nays were: None.
  Absent: Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White--8.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 308) 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, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--26.
  The nays were: None.
  Absent: Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White--8.
  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. 308) 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 amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
  Eng. Senate Bill No. 3002, Implementing "Help America Vote Act of 2002".
  On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
  The following House of Delegates amendment to the bill was reported by the Clerk:
  On page two, section forty-eight, line twenty-two, after the word "needs." by inserting the following: It is not the intent of the Legislature to mandate any technology for voting systems to be utilized in this state and this section is intended only to establish terms and conditions for providing loan assistance to counties in accordance with the provisions of this section.
   On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
  Engrossed Senate Bill No. 3002, as amended by the House of Delegates, was then put upon its passage.
  On the passage of the bill, the yeas were: Boley, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--24.
  The nays were: Bailey and Hunter--2.
  Absent: Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White--8.
  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. 3002) passed with its title.
  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, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Prezioso, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--24.
  The nays were: Bailey and Hunter--2.
  Absent: Caldwell, Deem, Helmick, McKenzie, Plymale, Ross, Smith and White--8.
  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.
   The Senate proceeded to the twelfth order of business.
  Remarks were made by Senators McCabe, Rowe, Unger, Chafin, Snyder and Bowman.
  Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senators McCabe and Rowe were ordered printed in the Appendix to the Journal.

   At the request of Senator Edgell, unanimous consent being granted, the remarks by Senator Unger were ordered printed in the Appendix to the Journal.
  At the request of Senator Bowman, and by unanimous consent, the remarks by Senators Chafin and Snyder were ordered printed in the Appendix to the Journal.
  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. 3005, Relating to health insurance plan board's authority; clarifying certain language.
  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. 3013, Making supplementary appropriation from revenue shortfall reserve fund to governor's office, civil contingent fund.
  A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
  Eng. Senate Bill No. 3014, Modifying total tax credits available under capital company act for certain economic development.
  Senator Chafin offered the following pre-adjournment resolution:
  Senate Resolution No. 303--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 Dempsey, Facemyer and Weeks.
  Subsequently, Senator Dempsey reported that the duties assigned by Senate Resolution No. 303 had been performed.
  Thereafter, a three-member delegation from the House of Delegates, namely
  Delegates Foster, Craig and Smirl, 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. 304--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 Minear.
  The President next acknowledged another delegation from the House of Delegates, consisting of
  Delegates Foster, Craig 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 Minear, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.
  Subsequently, Senator Sharpe, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Sharpe then reported this mission accomplished.
  At the request of Senator Rowe, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this third extraordinary session of the seventy-sixth Legislature in the year two thousand four, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.
  In accordance with the foregoing unanimous consent agreement, the following report of the Joint Committee on Enrolled Bills was filed as follows:
   Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
  Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of November, 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. 3001), Extending time moneys in public employees insurance reserve fund can be appropriated to bureau for medical services.
  (S. B. No. 3002), Implementing "Help America vote Act of 2002".
  (Com. Sub. for S. B. No. 3003), Granting board of medicine flexibility to issue license to certain applicants.
  (S. B. No. 3005), Relating to health insurance plan board's authority; clarifying certain language.
  (S. B. No. 3006), Making supplementary appropriations to various agencies.
  (S. B. No. 3007), Making supplementary appropriation to state police from excess lottery revenue surplus.
  (S. B. No. 3008), Making supplementary appropriation to department of military affairs and public safety, transfer of funds.
  (S. B. No. 3013), Making supplementary appropriation from revenue shortfall reserve fund to governor's office, civil contingent fund.
  (S. B. No. 3014), Modifying total tax credits available under capital company act for certain economic development.
   (H. B. No. 301), Supplementary appropriation of excess lottery revenue funds to the workers' compensation commission.
  (H. B. No. 302),Supplementary appropriation to the department of revenue, insurance commission.
  (H. B. No. 303), Supplementary appropriation to the department of military affairs and public safety.
  (H. B. No. 304), Bringing the West Virginia Sex Offender Registration Act into minimum federal standards.
  (H. B. No. 305), Providing the West Virginia State Police the ability to define and draw DNA samples from convicted felons for the purpose of maintaining a DNA database.
  And,
  (H. B. No. 308), Ensuring safer schools and empowering teachers.
                          Respectfully submitted,
                          Larry. L. Rowe,
                          Chair, 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 \, 2004, he had approved Enr. Senate Bill No. \
  On motion of Senator Chafin, the third extraordinary session of the Senate in the year two thousand four adjourned sine die.
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