WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
THIRD EXTRAORDINARY SESSION, 2005
FIRST DAY
____________
Charleston, W. Va., Monday, May 16, 2005
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the sixteenth day of May, two
thousand five, convening the seventy-seventh Legislature of West
Virginia in extraordinary session today (Monday, May 16, 2005),
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 4 o'clock p.m.,
and was called to order by its President, the Honorable Earl Ray
Tomblin.
Prayer was offered by the Honorable Steve Harrison, a senator
from the eighth district.
On the call of the roll, the following answered to their
names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin,
Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Unger, Weeks, Yoder 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, JOE MANCHIN III, 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 four
o'clock p.m. on the sixteenth day of May, two thousand five, in its
chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:
FIRST: A concurrent resolution opposing the proposed
closing and realignment of National Guard and/or reserve facilities
in the State of West Virginia.
SECOND: Legislation to provide for the temporary
subsidization of incremental adjustments in the aggregate cost-
sharing percentages of employees' Public Employees Insurance Agency
premiums.
THIRD: Legislation to amend and reenact W. Va. Code §6-7-2, as contained in Enrolled Committee Substitute for Senate Bill No.
514, Chapter 203, Acts of the Legislature, Regular Session 2005,
relating to the salaries of Governor, Attorney General, State
Treasurer, State Auditor, Commissioner of Agriculture and the
Secretary of State.
FOURTH: A concurrent resolution to authorize the issuance of
up to $375 million of refunding bonds to pay off the principal of
and interest on certain issued and outstanding safe road bonds
issued pursuant to the Safe Roads Amendment of 1996.
FIFTH: Legislation to repeal W. Va. Code §20-11-5a,
relating to a recycling assessment fee upon the disposal of solid
waste.
SIXTH: Legislation to eliminate the Employee and Insurance
Services Division of the Department of Administration and reassign
duties currently assigned to the Commissioner of the Employee and
Insurance Services Division.
SEVENTH: Legislation to amend the provisions of the West
Virginia Code relating to the Judicial Retirement System.
EIGHTH: Legislation relating to municipal taxes and
municipal pension and relief fund plans for policemen and firemen,
authorizing a qualifying municipality to establish a defined
contribution plan for policemen and firemen hired on or after a
future date and authorizing a qualifying municipality to issue
revenue bonds for the purpose of eliminating the unfunded actuarial
accrued liability of an existing pension and relief fund plan for
policemen and firemen.
NINTH: A supplementary appropriation bill to the Litter
Control Fund, fund 3486, fiscal year 2006, organization 0313, of
the Department of Environmental Protection account.
TENTH: A supplementary appropriation bill to fund 6394,
fiscal year 2005, organization 0612, of the Department of Military
Affairs and Public Safety account.
ELEVENTH: A supplementary appropriation bill to fund 0104,
fiscal year 2006, organization 0100, of the Governor's Office
account.
TWELFTH: A supplementary appropriation bill amending and
reducing existing appropriations with regard to fund 0186, fiscal
year 2006, organization 0201, of the Department of Administration;
and funding fund 0595, fiscal year 2006, organization 0703, of the
Department of Revenue.
THIRTEENTH: 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 sixteenth day
of May, in the year of our Lord,
Two Thousand Five, and in the One
Hundred Forty-Second year of the
State.
JOE MANCHIN III,
Governor.
By the Governor:
BETTY IRELAND,
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 Jenkins, Oliverio and Facemyer.
Subsequently, Senator Jenkins, 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 Cann, Palumbo and Armstead, 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 Pino, Mahan and Frich, 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 Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced and read by their titles:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 3001--
A Bill to amend and reenact §6-7-2 of
the Code of West Virginia, 1931, as contained in chapter 203, Acts
of the Legislature, regular session, 2005, as amended, relating
generally to the salaries of the Governor, Attorney General, State
Treasurer, State Auditor, Commissioner of Agriculture and Secretary
of State; and effective dates.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then 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 repeal §20-11-5a of the Code
of West Virginia, 1931, as amended, relating to a recycling
assessment fee upon the disposal of solid waste.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then 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 §5-16-5 of
the Code of West Virginia, 1931, as amended, relating generally to
the subsidization of any incremental adjustment in the active state
pool employees' portion of the aggregate cost-sharing percentages
of premium between employers and employees between the first day of
July, two thousand five, until the thirty-first day of December,
two thousand five.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 3004--
A Bill
supplementing and amending items
of the existing appropriations from the State Fund, General
Revenue, to a new item of appropriation designated to the
Governor's Office, fund 0104, fiscal year 2006, organization 0100,
supplementing and amending chapter sixteen, Acts of the
Legislature, for the fiscal year ending the thirtieth day of June,
two thousand six.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 3005
--
A Bill
supplementing, amending, reducing
and increasing items of the existing appropriations from the State
Fund, General Revenue, to the Department of Administration - Office
of the Secretary, fund 0186, fiscal year 2006, organization 0201,
and to the Department of Revenue - State Budget Office, fund 0595,
fiscal year 2006, organization 0703, by supplementing and amending
the appropriation for the fiscal year ending the thirtieth day of
June, two thousand six.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 300
6--
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
six, to a new item of appropriation designated to the Department of
Environmental Protection - Litter Control Fund, fund 3486, fiscal
year 2006, organization 0313, supplementing and amending chapter sixteen, Acts of the Legislature, regular session, two thousand
five, known as the budget bill.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then 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 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, fund 6394, fiscal year 2005,
organization 0612, by supplementing and amending the appropriation
for the fiscal year ending the thirtieth day of June, two thousand
five.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 3008
--A Bill to amend and reenact §8-13C-1 and
§8-13C-9 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §8-13C-
14, all relating to the use of proceeds from a pension relief municipal occupational tax, a pension relief municipal sales and
service tax and a pension relief municipal use tax; loss of
authority to impose those taxes; authorizing a qualifying
municipality, subject to meeting certain requirements, to close its
existing pension and relief fund plan for policemen and firemen to
those hired after a future date; authorizing a qualifying
municipality, subject to meeting certain requirements, to establish
a defined contribution plan for policemen and firemen hired on and
after the future date; and authorizing a qualifying municipality,
subject to meeting certain requirements, to issue revenue bonds for
the purpose of eliminating the unfunded actuarial accrued liability
of the existing pension and relief fund plan for policemen and
firemen and to issue refunding bonds issued to refund, in whole or
in part, bonds issued for that purpose.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
Pensions; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 3009--
A Bill to repeal §5A-10-1, §5A-10-2 and
§5A-10-3 of the Code of West Virginia, 1931, as amended; to amend
and reenact §5-10D-1 of said code; to amend and reenact §5-16-3 and
§5-16-4 of said code; to amend and reenact §5A-1-2 of said code;
and to amend and reenact §29-6-5 and §29-6-6 of said code, all
relating generally to the elimination of the Employee and Insurance Services Division of the Department of Administration and
reassigning certain duties; providing that the Secretary of the
Department of Administration serves as a member of the Consolidated
Public Retirement Board; providing that the Governor shall appoint
the Director of the Public Employees Insurance Agency; providing
that the Secretary of the Department of Administration serves as a
member and as the chair of the Public Employees Insurance Agency
Finance Board; providing that the Division of Personnel is
continued within the Department of Administration; and providing
that the Secretary of the Department of Administration serves as an
ex officio member and chair of the State Personnel Board.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Government Organization.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 3010--
A Bill to amend and reenact §51-9-1a,
§51-9-4, §51-9-6, §51-9-6a, §51-9-6b and §51-9-7 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §51-9-6d, all relating generally
to the judicial retirement system; increasing the contribution rate
for certain judges from the first day of July, two thousand five,
until the thirtieth day of June, two thousand ten; providing that
judges appointed or elected for the first time as judge of a court
of record after the first day of July, two thousand five, must have served fourteen years as a sitting judge to receive annual
retirement benefits; changing the annual benefit calculations and
retirement qualifications for all judges appointed or elected for
the first time as judge of a court of record after the first day of
July, two thousand five; changing the annual benefit calculations
for the spouses and children of all judges appointed or elected for
the first time as judge of a court of record after the first day of
July, two thousand five; eliminating the ability of judges
appointed or elected for the first time as judge of a court of
record after the first day of July, two thousand five, to use
prosecutorial service as qualifying service; providing that retired
judges may hold a public office or trust for compensation from the
State of West Virginia; and providing that retired judges are
ineligible to participate in any other pension plan maintained by
the State of West Virginia.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
Pensions; and then to the Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 6:30
p.m. today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Unger and Tomblin (Mr. President) offered the following resolution:
Senate Concurrent Resolution No. 301--Requesting the Base
Realignment and Closure Commission reject the recommendations of
the Secretary of the United States Department of Defense for
closure of military facilities in West Virginia and the transfer of
military aircraft to any other location.
Whereas, Donald Rumsfeld, Secretary of the United States
Department of Defense, has recommended the closure of three
military facilities in West Virginia and the transfer of C-130
aircraft currently maintained in West Virginia; and
Whereas, The Army Reserve centers in Huntington and Fairmont
and the Navy-Marine Corps Reserve Center in Moundsville help
provide economic stability and employment opportunities to many
West Virginians; and
Whereas, The Air National Guard base at Yeager Airport in
Charleston, home of the 130th Airlift Wing and the C-130 military
aircraft, has been a longtime symbol of pride for many West
Virginians. The 130th Airlift Wing provides roughly 1,000 jobs.
The transfer of C-130 aircraft from the 130th Airlift Wing will
cause the loss of more than 150 jobs; and
Whereas, As an already economically challenged state, West
Virginia cannot stand to lose jobs as a direct result of the
closing of military facilities and the transfer of C-130 aircraft;
and
Whereas, C-130 aircraft provide assistance by delivering much-
needed supplies, vehicles and troops to many areas of West Virginia and other parts of the nation that suffer disasters; and
Whereas, At a time when homeland security is a major issue,
the security of West Virginia and its citizens will be threatened
by the loss of C-130 aircraft; and
Whereas, Since the Korean War, C-130 aircraft have represented
the great State of West Virginia in numerous conflicts, including
the present war in Iraq; and
Whereas, West Virginians have always stood united in efforts
to keep America strong. Per capita, more West Virginians have
served in the armed forces of our nation than any other state in
the union; and
Whereas, The Legislature supports Senator Robert C. Byrd who
is leading the congressional delegation, consisting of Senator John
D. Rockefeller IV, Representative Alan B. Mollohan, Representative
Shelley Moore Capito and Representative Nick J. Rahall II, in these
efforts on the federal level; and
Whereas, As elected representatives of the citizens of West
Virginia, it is the Legislature's constitutional duty to preserve
and protect our citizens and their prosperity. The Legislature
strongly requests that the members of the Base Realignment and
Closure Commission reject the recommendations of Defense Secretary
Donald Rumsfeld as they relate to closing any military facility and
the transfer of any C-130 aircraft from West Virginia; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Base Realignment and Closure Commission reject the recommendations of the Secretary of
the United States Department of Defense for closure of military
facilities in West Virginia and the transfer of military aircraft
to any other location; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to President George
W. Bush; Secretary of Defense Donald Rumsfeld; Chairman of the Base
Realignment and Closure Commission Anthony Principi; Commission
members James Bilhray, Philip Coyle, Admiral Harold W. Gehman, Jr.,
James V. Hensen, General James T. Hill, General Lloyd Newton,
Samuel Knox Skinner and General Sue Ellen Turner; and West
Virginia's congressional delegation.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive) offered the following resolution:
Senate Concurrent Resolution No. 302--Providing for the
issuance of not to exceed three hundred seventy-five million
dollars of refunding bonds pursuant to the "Safe Roads Amendment of
1996", article two-g, chapter thirteen of the Code of West Virginia
and article twenty-six, chapter seventeen of said code.
Resolved by the Legislature of West Virginia:
That safe road refunding bonds in the principal amount not to
exceed three hundred seventy-five million dollars are authorized to
be issued by the State of West Virginia and sold by the Governor
during the fiscal year ending the thirtieth day of June, two
thousand five; and, be it
Further Resolved, That the bonds shall be issued in registered
form, in such denominations, maturing at such times and bearing
such date or dates as the Governor may determine; and, be it
Further Resolved, That all such bonds shall be payable at the
Office of the Treasurer of the State of West Virginia or at some
bank in the city of Charleston to be designated by the Governor;
and, be it
Further Resolved, That the bonds shall bear interest at rates
and be payable in amounts as determined by the Governor; and, be it
Further Resolved, That the State Treasurer shall pay the
principal and/or interest then due on the bonds to the registered
owners thereon at the addresses shown by the record of
registration; and, be it
Further Resolved, That the bonds shall be signed as provided
in section two, article twenty-six, chapter seventeen of the Code
of West Virginia; and, be it
Further Resolved, That the bonds may be redeemable on such
date or dates prior to maturity as determined by the Governor; and,
be it
Further Resolved, That the Governor shall sell the bonds
herein mentioned at such time or times in such amounts, not
exceeding the aggregate principal amount described above, at such
prices during the fiscal year as he may determine necessary to
provide funds for the purposes provided below; and, be it
Further Resolved, That the net proceeds of sales of all bonds
herein authorized shall be paid into a special and irrevocable trust fund, separate and apart from other funds of the State of
West Virginia, to be held in the custody of an escrow trustee to be
designated by the Governor; and, be it
Further Resolved, That an irrevocable deposit of said moneys
in trust for, and such moneys and the investments thereof, together
with any income or interest earned thereon, shall be applied to the
payment of the principal of and interest on certain issued and
outstanding safe road bonds, to be selected by the Governor, as the
same become due and payable; and, be it
Further Resolved, That this concurrent resolution shall
rescind and supersede any and all prior resolutions or parts
thereof inconsistent with this resolution, including, but not
limited to, the concurrent resolution adopted on the ninth day of
April, two thousand five, referred to as House Concurrent
Resolution No. 93, which provided for the issuance of not to exceed
three hundred seventy-five million dollars of refunding bonds
pursuant to the "Safe Roads Amendment of 1996", article two-g,
chapter thirteen of the Code of West Virginia and article twenty-
six, chapter seventeen of said code.
At the request of Senator Chafin, and by unanimous consent,
the resolution was taken up for immediate consideration and
referred to the Committee on Finance.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 3008, Relating to municipal taxes and pension
and relief fund plans for policemen and firemen; other provisions.
Now on second reading, having been read a first time and
referred to the Committee on Pensions in prior proceedings today;
And,
Senate Bill No. 3010,
Relating to judicial retirement system
.
Now on second reading, having been read a first time and
referred to the Committee on Pensions in prior proceedings today;
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 3009, Eliminating Employee and Insurance
Services Division of Department of Administration
.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 3009 (originating in the Committee on Government Organization)--A Bill
to repeal §5A-10-1,
§5A-10-2 and §5A-10-3 of the Code of West Virginia, 1931, as
amended; to amend and reenact §5-10D-1 of said code; to amend and
reenact §5-16-3 and §5-16-4 of said code; to amend and reenact §5A-
1-2 of said code; and to amend and reenact §29-6-5 and §29-6-6 of
said code, all relating generally to the elimination of the
Employee and Insurance Services Division of the Department of
Administration and reassigning certain duties; reinstating the
Secretary of the Department of Administration as a member of the
Consolidated Public Retirement Board, the Public Employees
Insurance Agency Finance Board and the State Personnel Board;
providing that the Governor shall appoint the Director of the
Public Employees Insurance Agency; providing that the Division of
Personnel is continued within the Department of Administration;
clarifying board member compensation and expense reimbursement; and
making technical changes.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 3009) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
Pending announcement of a meeting of a standing committee of the Senate,
Senator Chafin then moved that the Senate adjourn until
tomorrow, Tuesday, May 17, 2005, at 1 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: Bailey, Boley, Bowman,
Caruth, Deem, Dempsey, Edgell, Foster, Guills, Harrison, Helmick,
Jenkins, Lanham, Love, McCabe, Minard, Plymale, Prezioso, Sharpe,
Weeks and Tomblin (Mr. President)--21.
The nays were: Barnes, Chafin, Facemyer, Fanning, Hunter,
McKenzie, Minear, Oliverio, Sprouse, Unger and Yoder--11.
Absent: Kessler and White--2.
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, Tuesday, May 17, 2005, at 1 p.m.
________