WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

SIXTY-FIRST DAY

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Charleston, W. Va., Sunday, March 14, 2004

     The Senate met at 12:30 a.m. for an extended session to complete action on the annual state budget (Eng. Com. Sub. for S. B. No. 133), today's proceedings being authorized by the Governor's proclamation of Wednesday, March 10, 2004, extending the regular sixty-day session until and including the twenty-first day of March, two thousand four, solely for that purpose, as being the only permissive legislation within constitutional purview.
     The Legislature now being in extended session for the sole consideration of
     Eng. Com. Sub. for Senate Bill No. 133, Budget Bill.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.
     Pending the reading of the Journal of Saturday, March 13, 2004,
     On motion of Senator Dempsey, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendment to, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
     Eng. Com. Sub. for Senate Bill No. 133, Budget bill.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Michael, Doyle, Mezzatesta, Leach, Warner and Hall.
     On motion of Senator Chafin, the Senate agreed to the appointment of a conference committee on the bill.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Helmick, Sharpe, Prezioso, Plymale, Minear and Facemyer.
     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 Deem, Oliverio, Fanning, Jenkins, Kessler and Snyder.
     The Senate then proceeded to the thirteenth order of business.
     Senator Oliverio called attention to today being the birthday of Carrie McKenzie, the wife of the Honorable Andy McKenzie, a senator from first district, and on behalf of the Senate extended felicitations and good wishes to Mrs. McKenzie with Senator Sharpe leading the members in singing "Happy Birthday".
     Senator Chafin then moved that the Senate adjourn until tomorrow, Monday, March 15, 2004, at 6 p.m.
     The question being on the adoption of Senator Chafin's motion, and on this question, Senator Chafin demanded the yeas and nays.
     The roll being taken, the yeas were: Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--29.
     The nays were: Hunter, McKenzie, Oliverio and Sprouse--4.
     Absent: Bailey--1.
     So, a majority of those present and voting having voted in the affirmative, the President declared Senator Chafin's motion had prevailed.
     In accordance with the foregoing motion, the Senate adjourned until tomorrow, Monday, March 15, 2004, at 6 p.m.
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