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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