WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
FOURTH EXTRAORDINARY SESSION, 2005
SECOND DAY
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Charleston, W. Va., Thursday, September 8, 2005
The Senate met at 11 a.m.
(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 Wednesday, September 7,
2005,
On motion of Senator Prezioso, the Journal was approved and
the further reading thereof dispensed with.
Senator Tomblin (Mr. President) presented a communication from
the Commission for the Deaf and Hard-of-Hearing, submitting its
annual report, in accordance with chapter five, article fourteen,
section nine of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 4006, Relating to accountability of persons
receiving state funds or grants.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 4006) 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.
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. 4010, Relating to proposed merger of Teachers'
Defined Contribution Retirement System with State Teachers
Retirement System.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being
granted, the bill (S. B. No. 4010) contained in the preceding
report from the Committee on Pensions was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.
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. 4014 (originating in the Committee on
Finance)--A Bill making a supplementary appropriation of public
moneys out of the Treasury from the balance of moneys remaining as
an unappropriated balance in the State Excess Lottery Revenue Fund,
to the Lottery Commission - Excess Lottery Revenue Fund Surplus,
fund 7208, fiscal year 2006, organization 0705, all supplementing
and amending the appropriation for the fiscal year ending the
thirtieth day of June, two thousand six.
Senate Bill No. 4015 (originating in the Committee on
Finance)--A Bill supplementing, amending, reducing and increasing
items of the existing appropriation from the Department of
Agriculture, Agriculture Fees Fund, fund 1401, fiscal year 2006,
organization 1400, by supplementing and amending the appropriations
for the fiscal year ending the thirtieth day of June, two thousand
six.
Senate Bill No. 4016 (originating in the Committee on
Finance)--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 a new item of appropriation designated to the
Department of Agriculture - West Virginia Agricultural Land
Protection Authority, fund 0607, fiscal year 2006, organization
1400, all supplementing and amending chapter sixteen, Acts of the
Legislature, regular session, two thousand five, known as the
budget bill.
And,
Senate Bill No. 4017 (originating in the Committee on
Finance)--A Bill supplementing, amending, reducing and increasing
items of the existing appropriations from the State Fund, General
Revenue, to the Department of Health and Human Resources - Division
of Human Services, fund 0403, fiscal year 2006, organization 0511,
and Higher Education - Higher Education Policy Commission - System
- Control Account, fund 0586, fiscal year 2006, organization 0442,
all supplementing and amending the appropriations for the fiscal
year ending the thirtieth day of June, two thousand six.
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, the bills (S. B. Nos. 4014, 4015, 4016 and 4017) contained
in the preceding report from the Committee on Finance were each
taken up for immediate consideration, read a first time and ordered
to second reading.
The Senate proceeded to the sixth order of business.
On motion of Senator Love, the special order of business set
for 5 p.m. today (consideration of executive and legislative
nominations) was postponed and made a special order of business for
Friday, September 9, 2005, at 5 p.m.
Petitions
Senator Bowman presented a petition from Amanda McCreary and
numerous state employees, supporting salary increases and the
repeal of the cost-sharing of Public Employees Insurance Agency
premiums.
Referred to the Committee on Finance.
Senators Kessler and Edgell presented a petition from Karen
Wooddell and numerous Ritchie County residents, requesting the
paving and widening of Indian Creek Road and the remainder of
Fowler Road.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the ninth order of business.
Senate Bill No. 4002, Allowing additional elections at primary
elections; removing certain language.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third 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,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Plymale--1.
Engrossed Senate Bill No. 4002 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Plymale--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 4002) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. 4002--A Bill to amend and reenact
§11-8-16 of the Code of West Virginia, 1931, as amended, relating
to levy elections; allowing levy elections in conjunction with
primary elections; and conforming the statute to meet
constitutional requirements.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Deem and Hunter.
Thereafter, at the request of Senator Sprouse, and by
unanimous consent, the remarks by Senators Deem and Hunter were
ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, September 9, 2005, at 5 p.m.
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