WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
FOURTH EXTRAORDINARY SESSION, 2005
____________
WEDNESDAY, SEPTEMBER 7, 2005
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the sixth day of September,
two thousand five, convening the seventy-seventh Legislature of
West Virginia in extraordinary session today (Wednesday, September
7, 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 12
o'clock Noon, and was called to order by its President, the
Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.
On the call of the roll, the following answered to their
names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem,
Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard,
Minear, Oliverio, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, 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 proclamations 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 twelve
o'clock noon on the seventh day of September, 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 supplementary appropriation bill to make
additional appropriations to fund the unfunded liabilities of the
State Teachers Retirement System and the Public Safety Death, Disability and Retirement System.
SECOND: Legislation relating to the salaries of certain
state officials, state employees, county officials and county
employees.
THIRD: Legislation reducing the rate of consumers sales and
service tax and use tax on the sale, purchase and use of food and
food ingredients intended for human consumption by an amount not to
exceed one percent of the "sales price" as defined in subdivision
(35), subsection (b), section two, article fifteen-b, chapter
eleven of the Code of West Virginia.
FOURTH: Legislation prohibiting employers and other persons
from improperly evading unemployment compensation taxes and
modifying certain exclusions from the definition of employment for
unemployment compensation purposes.
FIFTH: Legislation including primary elections among those
elections during which additional levy elections may be conducted.
SIXTH: Legislation authorizing department secretaries to
effectuate interdepartmental transfers of employees and the assets
necessary to support such employees.
SEVENTH: Legislation relating generally to legal holidays.
EIGHTH: Legislation to provide for a technical correction to
section twelve, article two-a, chapter fifteen of the Code of West
Virginia, relating to benefits provided under the West Virginia State Police Retirement System for spouses and children of state
troopers who die in the line of duty.
NINTH: Legislation relating generally to the proposed
merger of the Teachers Defined Contribution Retirement System and
the State Teachers Retirement System.
TENTH: Legislation relating to horse and dog racetracks
that: (1) Requires both West Virginia horse racetracks to
participate in West Virginia Thoroughbred Development Fund and to
have thoroughbred development programs in place by specified date;
(2) provides for both horse racetracks to be treated alike under
certain other provisions of article twenty-three, chapter nineteen
of the Code; and (3) amends subdivision (9), subsection (a),
section ten-b, article twenty-two-a, chapter twenty-nine of the
Code by making technical corrections and providing for reversion of
racetrack video lottery excess net terminal income diverted from
the racetrack purse funds to workers' compensation debt reduction
fund pursuant to Enrolled Senate Bill No. 1004, which took effect
January 29, 2005, to revert to racetrack purse after a total amount
of eleven million dollars of net terminal income and excess net
terminal income has been diverted each fiscal year from the purse
funds to the workers' compensation debt reduction fund and for such
diversions to cease altogether once certain conditions are
satisfied.
ELEVENTH: Legislation relating to: Election receipts and
expenditures and to the requirements for reporting independent
expenditures; disclosure of electioneering communications; written
designation requirements for treasurers of political action
committees and financial agents of candidates; filing of financial
statements as required by the provisions of article eight, chapter
three of the Code of West Virginia; prohibition on corporate
contributions to candidates, financial agents, political committees
or other persons; and limiting contributions to political action
committees and political organizations.
TWELFTH: Certain supplementary appropriation bills.
THIRTEENTH: Certain resolutions.
FOURTEENTH: Legislation relating to audits of persons
receiving state funds or state grants.
FIFTEENTH: Legislation relating to the type of interest
rates and number of series of workers' compensation debt reduction
revenue bonds and permitting for the use of derivative products to
reduce debt service costs, manage interest rate exposure and
provide other financial benefits; providing that the Governor, in
issuing the proclamation issued pursuant to section eleven, article
two-c, chapter twenty-three of the Code of West Virginia, shall
specify the portion of funds transferring to the company in the new
fund that shall be subject to terms of a surplus note or other loan arrangement and that such surplus note or other loan arrangement
shall be approved by the Insurance Commissioner.
SIXTEENTH: 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 sixth day of
September, in the year of our
Lord, Two Thousand Five, and in
the One Hundred Forty-Third year
of the State.
JOE MANCHIN III,
Governor.
By the Governor:
BETTY IRELAND,
Secretary of State.
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 AMEND my proclamation
dated the sixth day of September, two thousand five, calling the
Legislature of West Virginia to convene in Extraordinary Session at
twelve o'clock noon on the seventh day of September, two thousand
five, in its chambers in the State Capitol, City of Charleston, as
follows:
THIRTEENTH: Certain ceremonial resolutions.
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 seventh day of
September, in the year of our
Lord, Two Thousand Five, and in
the One Hundred Forty-Third 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. 401--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 Caruth.
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 Kominar, Varner and L. White, 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. 402--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 Kominar, Varner and L. White, 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. 402. 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 Clerk presented a communication from the Board of Examiners
for Licensed Practical Nurses, submitting its report on veteran
testing as required by chapter thirty, article twenty-four, section
seven of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of
Health and Human Resources, submitting its Sudden Infant Death
Syndrome Program quarterly report, in accordance with chapter
sixteen, article one, section six of the code of West Virginia.
Which communication and report were received and filed with the
Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Agricultural Land Protection Authority Board of Trustees,
submitting its annual report as required by chapter eight-a, article
twelve, section ten of the code of West Virginia.
Which report was received and filed with the Clerk.
The following communication was reported by the Clerk:
WEST VIRGINIA LEGISLATURE
CHARLESTON
September 7, 2005
The Honorable Darrell E. Holmes
Clerk of the Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
Under authority of Chapter 14, Article 2, Section 4 of the Code
of West Virginia, we made the following appointments:
George F. Fordham of Clarksburg, West Virginia, effective May
31, 2005, to an unexpired term of Judge of the Court of Claims. Mr.
Fordham replaces Benjamin Hays Webb II whose term on the Court of
Claims expires June 30, 2009; and
Robert B. Sayre of Beckley, West Virginia, for a six-year term
on the Court of Claims, beginning July 1, 2005, and ending June 30,
2011.
As you know, these appointments must be made with the advice
and consent of the Senate. We trust that you will present these
appointments to the Senate for consideration during the Fourth Extraordinary Session of the Seventy-Seventh Legislature.
Sincerely,
Earl Ray Tomblin,
President, Senate.
Robert S. Kiss,
Speaker, House of Delegates.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Love, consideration of the nominations
immediately hereinbefore reported was made a special order of
business for Thursday, September 8, 2005, at 5 p.m.
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
September 7, 2005
Senate Executive Message No. 1
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, Consolidated Public Retirement Board, Paul
Hardesty, Holden, Logan County, for the term ending June 30, 2005.
2. For Member, Consolidated Public Retirement Board, Drema
Evans, Beckley, Raleigh County, for the term ending June 30, 2005.
3. For Member, Manufactured Housing Construction and Safety
Board, Steven B. Solomon, Morgantown, Monongalia County, for the
term ending June 30, 2010.
4. For Member, Board of Education, Jenny N. Phillips, Elkins,
Randolph County, for the term ending November 4, 2007.
5. For Member, Natural Resources Commission, Gus C. Svokas,
Weirton, Hancock County, for the term ending June 30, 2008.
6. For Member, Board of Architects, Jeffry Kreps, Charleston,
Kanawha County, for the term ending June 30, 2008.
7. For Member, Board of Architects, Gregory A. Williamson,
Huntington, Cabell County, for the term ending June 30, 2009.
8. For Member, Election Commission, William N. Renzelli,
Anmoore, Harrison County, for the term ending June 4, 2011.
9. For Member, Election Commission, Robert Rupp, Buckhannon,
Upshur County, for the term ending June 4, 2011.
10. For Member, Election Commission, Cindy Smith, Putnam
County, for the term ending June 4, 2011.
11. For Member, Education Commission of the States, Charles
E. Bayless, Montgomery, Fayette County, to serve at the will and
pleasure of the Governor.
12. For Member, Board of Pharmacy, Carl Hedrick, Elkins,
Randolph County, for the term ending June 30, 2010.
13. For Member, Board of Pharmacy, Robert Childers,
Huntington, Cabell County, for the term ending June 30, 2008.
14. For Member, Board of Treasury Investments, Jack Rossi,
Charleston, Kanawha County, for the term ending June 30, 2009.
15. For Member, Board of Treasury Investments, Martin Glasser,
Charleston, Kanawha County, for the term ending June 30, 2007.
16. For Member, Regional Jail and Correctional Facility
Authority, Dr. Vic Wood, Valley Grove, Ohio County, for the term
ending June 30, 2009.
17. For Member, Regional Jail and Correctional Facility
Authority, Stephen G. Jory, Elkins, Randolph County, for the term
ending June 30, 2009.
18. For Member, Parole Board, Crystal Lynn Love, Fayetteville,
Fayette County, for the term ending June 30, 2011.
19. For Member, Industrial Council, Richard Slater,
Charleston, Kanawha County, for the term ending June 30, 2007.
20. For Member, Industrial Council, Dan Marshall, Parkersburg,
Wood County, for the term ending June 30, 2008.
21. For Member, Industrial Council, Bill Dean, Wheeling, Ohio County, for the term ending June 30, 2008.
22. For Member, Industrial Council, Charles Bayless,
Montgomery, Fayette County, for the term ending June 30, 2009.
23. For Member, Industrial Council, Walt Pellish,
Shepherdstown, Jefferson County, for the term ending June 30, 2009.
24. For Member, PROMISE Scholarship Board of Control, Barbara
Myers, Morgantown, Monongalia County, for the term ending February
24, 2009.
25. For Member, PROMISE Scholarship Board of Control, Nancy
West, Follansbee, Brooke County, for the term ending February 24,
2008.
26. For Member, PROMISE Scholarship Board of Control, Linda
Morgan, Bridgeport, Harrison County, for the term ending February
24, 2006.
27. For Member, PROMISE Scholarship Board of Control, Helen
Harris, Martinsburg, Berkeley County, for the term ending February
24, 2007.
28. For Member, PROMISE Scholarship Board of Control, Albert
Martine, Daniels, Raleigh County, for the term ending February 24,
2007.
29. For Member, PROMISE Scholarship Board of Control, Kellie
Wright, Huntington, Cabell County, for the term ending February 24,
2009.
30. For Member, PROMISE Scholarship Board of Control, John Shott, Bluefield, Mercer County, for the term ending February 24,
2006.
31. For Member, Board of the College Prepaid Tuition and
Savings Program, The Honorable Thais Blatnik, Wheeling, Ohio County,
for the term ending June 30, 2007.
32. For Member, Board of the College Prepaid Tuition and
Savings Program, Martin J. Gargano, South Charleston, Kanawha
County, for the term ending June 30, 2009.
33. For Member, Consolidated Public Retirement Board, S. C.
Tucker, South Charleston, Kanawha County, for the term ending June
30, 2010.
34. For Member, Governor's Advisory Council for Educational
Technology, Bill Burrell, Wheeling, Ohio County, for the term ending
April 10, 2006.
35. For Member, Governor's Advisory Council for Educational
Technology, Lori Dillard, Eleanor, Putnam County, for the term
ending April 10, 2006.
36. For Member, Governor's Advisory Council for Educational
Technology, Joseph Robertson, Clintonville, Greenbrier County, for
the term ending April 10, 2007.
37. For Member, Governor's Advisory Council for Educational
Technology, Stan Maynard, Huntington, Cabell County, for the term
ending April 10, 2007.
38. For Member, Governor's Advisory Council for Educational Technology, Susan Day Perrot, Morgantown, Monongalia County, for the
term ending April 10, 2008.
39. For Member, Governor's Advisory Council for Educational
Technology, Dr. Gail E. Looney, Charleston, Kanawha County, for the
term ending April 10, 2008.
40. For Member, Governor's Advisory Council for Educational
Technology, Lydotta Taylor, Morgantown, Monongalia County, for the
term ending April 10, 2008.
41. For Member, Governor's Advisory Council for Educational
Technology, Chris Wood, St. Albans, Kanawha County, for the term
ending April 10, 2008.
42. For Member, Governor's Advisory Council for Educational
Technology, Wallace Boston, Charles Town, Jefferson County, for the
term ending April 10, 2008.
43. For Member, Governor's Advisory Council for Educational
Technology, Robby Queen, Stollings, Logan County, for the term
ending April 10, 2007.
44. For Member, Governor's Advisory Council for Educational
Technology, Jamie Gaucher, Charleston, Kanawha County, for the term
ending April 10, 2007.
45. For Member, Governor's Advisory Council for Educational
Technology, Dennis Taylor, Charleston, Kanawha County, for the term
ending April 10, 2006.
46. For Member, Governor's Advisory Council for Educational Technology, Lowell Johnson, Lewisburg, Greenbrier County, for the
term ending April 10, 2006.
47. For Member, Public Employees Insurance Agency Finance
Board, Joe Smith, Charleston, Kanawha County, for the term ending
June 30, 2008.
48. For Member, Public Employees Insurance Agency Finance
Board, Mike Garrison, Huntington, Cabell County, for the term ending
June 30, 2005.
49. For Member, Public Employees Insurance Agency Finance
Board, Bill Ilhenfeld, Wheeling, Ohio County, for the term ending
June 30, 2008.
50. For Member, Natural Resources Commission, Jeffrey S.
Bowers, Sugar Grove, Pendleton County, for the term ending June 30,
2012.
51. For Member, Nursing Home Administrators Licensing Board,
Dr. Shirley Neitch, Huntington, Cabell County, for the term ending
June 30, 2010.
52. For Member, Nursing Home Administrators Licensing Board,
Gary Fragale, Princeton, Mercer County, for the term ending June 30,
2011.
53. For Member, Nursing Home Administrators Licensing Board,
Beverly Jezioro, Flemington, Taylor County, for the term ending June
30, 2008.
54. For Member, Nursing Home Administrators Licensing Board, Herman Haupstein, Fairmont, Marion County, for the term ending June
30, 2009.
55. For Member, Nursing Home Administrators Licensing Board,
Lou Serra, Weirton, Hancock County, for the term ending June 30,
2008.
56. For Member, Nursing Home Administrators Licensing Board,
Angela Booker, Beckley, Raleigh County, for the term ending June 30,
2010.
57. For Member, Public Energy Authority, Ike Morris,
Glenville, Gilmer County, for the term ending April 1, 2009.
58. For Member, Public Energy Authority, The Honorable Mike
Ross, Coalton, Randolph County, for the term ending April 1, 2007.
59. For Member, Public Energy Authority, Joe Freeland, New
Martinsville, Wetzel County, for the term ending April 1, 2008.
60. For Member, Public Energy Authority, Allen Tweddle,
Charleston, Kanawha County, for the term ending April 1, 2006.
61. For Member, Tourism Commission, Randy Worls, Wheeling,
Ohio County, for the term ending May 1, 2008.
62. For Member, Tourism Commission, Joseph Manchin IV,
Fairmont, Marion County, for the term ending May 1, 2008.
63. For Member, Tourism Commission, Ron Marcus, Charles Town,
Jefferson County, for the term ending May 1, 2008.
64. For Chairman, Tourism Commission, Scott Rotruck,
Morgantown, Monongalia County, for the term ending May 1, 2008.
65. For Member, Probable Cause Review Board, Brad Crouser,
Charleston, Kanawha County, for the term ending June 30, 2006.
66. For Member, Probable Cause Review Board, Holmes Morrison,
Charleston, Kanawha County, for the term ending June 30, 2007.
67. For Member, Probable Cause Review Board, Dan Guida,
Weirton, Hancock County, for the term ending June 30, 2008.
68. For Director, Division of Protective Services, C. R.
Smithers, Glen Morgan, Raleigh County, to serve at the will and
pleasure of the Governor.
69. For Chairman, Public Service Commission, Jon W. McKinney,
Charleston, Kanawha County, for the term ending June 30, 2011.
70. For Commissioner, Bureau of Senior Services, Dr. Sandra
K. Vanin, Morgantown, Monongalia County, to serve at the will and
pleasure of the Governor.
71. For Member, West Virginia University Board of Governors,
The Honorable Mark A. Manchin, Welch, McDowell County, for the term
ending June 30, 2006.
72. For Member, West Virginia University Board of Governors,
John T. Mattern, Fairmont, Marion County, for the term ending June
30, 2009.
73. For Member, West Virginia University Board of Governors,
Dr. Thomas Samuel Clark, Bruceton Mills, Preston County, for the
term ending June 30, 2009.
74. For Member, West Virginia University Board of Governors, Parry Petroplus, Morgantown, Monongalia County, for the term ending
June 30, 2009.
75. For Member, Ethics Commission, The Honorable Larry Rowe,
Charleston, Kanawha County, for the term ending June 30, 2009.
76. For Member, Ethics Commission, The Honorable Jack
Buckalew, Charleston, Kanawha County, for the term ending June 30,
2009.
77. For Member, Ethics Commission, Charles Logan, Martinsburg,
Berkeley County, for the term ending June 30, 2010.
78. For Member, Ethics Commission, R. Kemp Morton III,
Huntington, Cabell County, for the term ending June 30, 2009.
79. For Member, Ethics Commission, John Turak, Moundsville,
Marshall County, for the term ending June 30, 2009.
80. For Chief Executive Officer, Center for Professional
Development, Dr. Patricia Styles Kusimo, Cross Lanes, Kanawha
County, to serve at the will and pleasure of the Governor.
81. For Member, Environmental Quality Board, William H.
Gillespie, Charleston, Kanawha County, for the term ending June 30,
2010.
82. For Member, Environmental Quality Board, James Van Gundy,
Elkins, Randolph County, for the term ending June 30, 2009.
83. For Member, Marshall University Board of Governors,
Virginia King, Poca, Putnam County, for the term ending June 30,
2009.
84. For Member, Marshall University Board of Governors,
Michael J. Farrell, Huntington, Cabell County, for the term ending
June 30, 2009.
85. For Member, Marshall University Board of Governors, A.
Michael Perry, Huntington, Cabell County, for the term ending June
30, 2009.
86. For Member, Real Estate Appraiser Licensing and
Certification Board, Barbara Argabrite, Vienna, Wood County, for the
term ending June 30, 2007.
87. For Member, Real Estate Appraiser Licensing and
Certification Board, Neil Patel, Vienna, Wood County, for the term
ending June 30, 2007.
88. For Member, Real Estate Appraiser Licensing and
Certification Board, Timothy W. Helmick, Cross Lanes, Kanawha
County, for the term ending June 30, 2007.
89. For Member, Real Estate Appraiser Licensing and
Certification Board, Mike Jones, Farmington, Marion County, for the
term ending June 30, 2008.
90. For Member, Real Estate Appraiser Licensing and
Certification Board, Scott Barber, Huntington, Cabell County, for
the term ending June 30, 2007.
91. For Member, Manufactured Housing Construction and Safety
Board, Gary Shaw, Fairmont, Marion County, for the term ending June
30, 2010.
92. For Member, Education and State Employees Grievance Board,
Edgar Morano, Wheeling, Ohio County, for the term ending June 30,
2007.
93. For Member, Education and State Employees Grievance Board,
Cam Lewis, Daniels, Raleigh County, for the term ending June 30,
2006.
94. For Member, Fairmont State University Board of Governors,
Andy Kniceley, Fairmont, Marion County, for the term ending June 30,
2009.
95. For Member, Education and State Employees Grievance Board,
David K. Hendrickson, Charleston, Kanawha County, for the term
ending June 30, 2008.
96. For Member, Purchase of Commodities and Services from the
Handicapped, Pete Cuffaro, Wheeling, Ohio County, for the term
ending January 31, 2007.
97. For Member, Purchase of Commodities and Services from the
Handicapped, Jan Smith, Fairmont, Marion County, for the term ending
January 31, 2007.
98. For Member, Purchase of Commodities and Services from the
Handicapped, Brenda Bates Morford, Hurricane, Putnam County, for the
term ending January 31, 2007.
99. For Member, Purchase of Commodities and Services from the
Handicapped, Donna Lipscomb, Charleston, Kanawha County, for the
term ending January 31, 2007.
100. For Member, Purchase of Commodities and Services from the
Handicapped, John Liller, Huntington, Cabell County, for the term
ending January 31, 2007.
101. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Scott Sherman, Old Fields, Hardy County,
for the term ending June 30, 2009.
102. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Kolin Jan, Ridgeley, Mineral County, for
the term ending June 30, 2009.
103. For Director, Division of Homeland Security and Emergency
Management, James J. Gianato, Kimball, McDowell County, to serve at
the will and pleasure of the Governor.
104. For Member, Center for Professional Development Board,
Janie Merandino, Fairmont, Marion County, for the term ending June
30, 2006.
105. For Member, Center for Professional Development Board,
Kenneth D. Heiney, Elizabeth, Wirt County, for the term ending June
30, 2006.
106. For Member, Center for Professional Development Board,
Lori Stilley, Charles Town, Jefferson County, for the term ending
June 30, 2007.
107. For Member, Center for Professional Development Board,
David Copenhaver, Hurricane, Putnam County, for the term ending June
30, 2007.
108. For Member, Center for Professional Development Board, Tom
Midkiff, Fraziers Bottom, Putnam County, for the term ending June
30, 2007.
109. For Member, Center for Professional Development Board,
Victoria Smith, Huntington, Cabell County, for the term ending June
30, 2006.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee
on Confirmations and incorporated with the legislative nominations
received earlier; all to be considered as a special order of
business for Thursday, September 8, 2005, at 5 p.m.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4001-
A Bill to amend and reenact §15-2A-12 of
the Code of West Virginia, 1931, as amended, relating to benefits to dependents of a state trooper who dies in performance of duties.
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. 4002-
A Bill to amend and reenact §11-8-16 of
the Code of West Virginia, 1931, as amended, relating to additional
levy elections; allowing additional elections at primary elections;
and removing language which conflicts with section eleven, article
X of the West Virginia Constitution.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4003-
A Bill to amend and reenact §21A-1A-17 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §21A-5-10c, all relating
to unemployment compensation generally; placing a limit on the
amount of wages an election official can receive in a calendar year
that is not considered employment wages for unemployment
compensation purposes; preventing State Unemployment Tax Act (SUTA)
dumping, a method to circumvent the paying of proper unemployment
compensation taxes; and imposing a criminal penalty for dumping
violations.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4004-
A Bill to amend and reenact §5F-2-2 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§29-6-10 of said code, all relating to the power and authority of
department secretaries; and providing that department secretaries
may transfer employees between departments.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4005-
A Bill to amend and reenact §2-2-1 of the
Code of West Virginia, 1931, as amended, relating to state holidays;
providing that the fourth Thursday and Friday of November shall be
legal holidays known as the Thanksgiving Holidays; and combining
Lincoln's and Washington's birthdays into a single Presidents' Day
holiday.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4006-
A Bill to
amend and reenact §12-4-14 of
the Code of West Virginia, 1931, as amended, relating to
accountability of persons receiving state funds or grants; requiring
reports or sworn statements by volunteer fire departments;
giving
Secretary of the Department of Administration
rule-making authority;
and providing criminal penalties for filing
a fraudulent sworn
statement of expenditures, a fraudulent sworn statement or a
fraudulent report.
Referred to the Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate recessed until 5 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 Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 4001, Relating to benefits to dependents of
certain state troopers.
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. 4001) 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 Kessler, from the Committee on the Judiciary, submitted
the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 4002, Allowing additional elections at primary
elections; removing certain language.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 4002) 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.
Senator Kessler, from the Committee on the Judiciary, submitted
the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 4003, Relating to limiting wages election
officials can receive for unemployment purposes.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 4003) contained in the preceding report
from the Committee on the Judiciary 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, with an amendment from the Committee on
the Judiciary pending.
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. 4005, Relating to state holidays.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 4005) contained in the preceding report
from the Committee on Government Organization 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.
The Senate again proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4007-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-15-3a; and to amend and reenact §11-15B-2 and §11-15B-2a of said
code, all relating generally to consumers sales and use taxes on
food and food ingredients intended for human consumption; reducing
rate of tax on sales, purchases and uses of food and food
ingredients to five percent beginning on specified date; defining
"food and food ingredients" and certain other terms; providing that
lower rate does not apply to sales, purchases and uses of candy,
dietary supplements or prepared food or to sales through vending
machines; authorizing Tax Commissioner to promulgate emergency rules
and to propose other rules for administration, enforcement and
implementation of this act, whether interpretive, legislative or
procedural; and specifying internal effective dates.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4008-
A Bill to amend and reenact §18A-4-2 and
§18A-4-8a of the Code of West Virginia, 1931, as amended, all
relating to salaries for teachers and school service personnel;
adopting state minimum salary schedules for teachers; providing for
incremental salary increases for teachers; and providing minimum pay
grade scales for school service personnel.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4009-
A Bill
to
repeal §3-8-5c of the Code of
West Virginia, 1931, as amended; to amend said code by adding
thereto two new sections, designated §3-8-1a and §3-8-2b; and to
amend and reenact §3-8-2, §3-8-4, §3-8-5a, §3-8-7, §3-8-8 and §3-8-
12 of said code, all relating to regulating elections; defining
terms; requiring persons who engage in electioneering communications
to file financial statements with Secretary of State; contents of
statement and filing requirements; penalties for filing delinquent
or incomplete financial statements; increasing penalty for
violations of prohibitions on corporate contributions to candidates
or for electioneering communications; and prohibiting political
organizations and political action committees expressly advocating
nomination, election or defeat of candidate or engaging in
electioneering communications from accepting corporate contributions
in excess of one thousand dollars during primary or general election
campaign periods.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4010-A Bill to amend and reenact §18-7C-2, §18-
7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12 and §18-7C-13 of the Code of West
Virginia, 1931, as amended, all relating to the proposed merger of
the Teachers' Defined Contribution Retirement System with the State
Teachers Retirement System; amending certain definitions; clarifying
credit receipt and asset calculations for transfer; establishing
date on which money must be in a member's account to be eligible to
vote in the merger election; requiring payment of contribution for
full service credit; adding the Board's ability to do all things
necessary to maintain the current retirement system during any
transition period; clarifying that the member may select either
periodic payments or lump sum distribution of the member's total
vested account at the date of merger if certain conditions are met;
and technical corrections.
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. 4011-A Bill to amend and reenact §23-2C-1 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §23-2C-24; and to amend and
reenact §23-2D-4 of said code, all relating generally to workers'
compensation; making an additional finding; allowing use of surplus
note or other loan arrangement for transfers from the New Fund to the successor to the Workers' Compensation Commission; allowing
additional flexibility in terms and method for issuance of workers'
compensation debt reduction revenue bonds; and allowing use of
derivative products to reduce debt service costs and manage interest
rate exposure.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4012-A Bill to amend and reenact §6-7-2a of the
Code of West Virginia, 1931, as amended; to amend and reenact §15-2-
5 of said code; to amend and reenact §19-23-4 of said code; and to
amend and reenact §24-1-3 of said code, all relating generally to
salaries of state officials; providing a Senior Executive Service
Salary Schedule for certain state officials; relating to an increase
in the annual base salary of all sworn State Police personnel;
salaries for members of the Racing Commission; and salaries of the
members of the Public Service Commission.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 4013-A Bill to amend and reenact §19-23-9, §19-23-12b, §19-23-12c, §19-23-13b and §19-23-13c of the Code of
West Virginia, 1931, as amended; and to amend and reenact
§29-22A-10b of said code, all relating to amending certain
provisions of the code involving horse and dog racing and
distribution of certain proceeds; providing a special fund, to be
established by the Racing Commission, to be used for the payment of
breeders' awards, restrictive races and stakes purses; deleting
obsolete provisions; providing the Racing Commission deposit funds
required to be withheld from an association or licensee, for
purposes of retirement withholdings for employees of racing
associations or licensees, into the West Virginia Thoroughbred Fund;
deleting the stated objective for the Fund to aid in the
rejuvenation and development of horse tracks in the state for
capital improvements, etc.; providing that the Commission establish
funds and accounts for each association and licensee rather than
holding funds in deposit in one fund; deleting current provisions
concerning the distribution of balances remaining in
breeders/raisers, sire owners and purse supplement funds; clarifying
the meaning of the phrase "sufficient horses" for purposes of
parimutuel thoroughbred horse tracks' provision of restricted races;
providing that the "twenty percent larger" requirement for purses
in restricted races is only applicable to thoroughbred racetracks
that have participated in the West Virginia Thoroughbred Development Fund for more than four consecutive years; providing the Racing
Commission may transfer funds back to the general purse fund if less
than seventy-five percent of the restricted races fail to receive
enough entries to race; deleting the provision that prohibits
associations and licensees who qualify for alternate tax provisions
contained in subsection (b), section ten, article twenty-three,
chapter nineteen of said code from eligibility for treatment under
the provisions of section thirteen-b of said article; providing that
on the first day of January, two thousand six, licensed racing
associations must have a West Virginia Thoroughbred Racing Breeders
Program; providing, under provisions relating to the expenditure of
racetrack video lottery funds, that the next two hundred thousand
dollars deposited into the West Virginia Racing Commission Racetrack
Video Lottery Account shall be used for promotional activities and
purses for open stake races for the West Virginia Derby which is
held at a racetrack that did not participate in the West Virginia
Breeders Classic - rather than the current statutory language which
designates nonparticipation in the West Virginia Thoroughbred
Development Fund; substituting the breeders classic for the
Thoroughbred Development Fund; and deleting provisions relating to
a racetrack which does not have a breeder's program, supported by
the Thoroughbred Development Fund or Greyhound Breeding Development
Fund, that requires the one and one-half percent of terminal net income designated for the West Virginia Thoroughbred Development
Fund to be diverted to the special Fund established by the licensee
and used for payment of regular purses.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate,
Senator Chafin then moved that the Senate adjourn until
tomorrow, Thursday, September 8, 2005, at 11 a.m.
The question being on the adoption of Senator Chafin's motion,
and on this question, Senator Sharpe demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Bowman, Caruth,
Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills,
Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe, Minard,
Minear, Prezioso, Sharpe, Unger, Weeks, White and Tomblin (Mr.
President)--25.
The nays were: Barnes, Deem, Hunter, McKenzie, Oliverio,
Sprouse and Yoder--7.
Absent: Boley and Plymale--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, Thursday, September 8, 2005, at 11 a.m.
____________
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.
____________
FRIDAY, SEPTEMBER 9, 2005
The Senate met at 5 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Brooks F. McCabe, Jr., a
senator from the seventeenth district.
Pending the reading of the Journal of Thursday, September 8,
2005,
On motion of Senator Dempsey, 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 and
legislative nominations) was postponed and made a special order of
business for tomorrow, Saturday, September 10, 2005, at 9 a.m.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
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. 4002, Allowing additional elections at primary elections; removing certain language.
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 four, section sixteen, line eight, after the word
"apply" by changing the colon to a period and striking out the
following: Provided, That nothing contained in this section shall
conflict with the provisions of section eleven, article X of the
Constitution of West Virginia.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 4002, as amended by the House of
Delegates, was then 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 4002) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
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. 4002) 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 passage by that body, to take effect from passage, and requested
the concurrence of the Senate in the passage of
Eng. House Bill No. 403--A Bill to
amend and reenact §15-2A-12
of the Code of West Virginia, 1931, as amended, relating to benefits
to dependents of a state trooper who dies in performance of duties
or dies after retirement due to service-related disability.
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.
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. 406--A Bill to amend and reenact §2-2-1 of
the Code of West Virginia, 1931, as amended, relating to state
holidays; providing that the fourth Thursday and Friday of November
shall be legal holidays known as the Thanksgiving Holidays; and
combining Lincoln's and Washington's birthdays into a single
Presidents' Day holiday.
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.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
September 9, 2005
Senate Executive Message No. 2
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I am respectfully withdrawing the following appointment from
Senate Executive Message No. 1 dated September 7, 2005:
39. For Member, Governor's Advisory Council for Educational
Technology, Dr. Gail E. Looney, Charleston, Kanawha County, for the
term ending April 10, 2008.
Thank you for correcting your records.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee
on Confirmations.
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. 4001, Relating to benefits to dependents of
certain state troopers.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on September 7, 2005;
And,
Senate Bill No. 4010, Relating to proposed merger of Teachers'
Defined Contribution Retirement System with State Teachers
Retirement System.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on September 8, 2005;
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, one of the bills (S. B. No. 4010) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration and 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 ten, section six, line twenty, after the word
"transferred." by inserting the following: Except as otherwise
provided in this section, each member shall pay the contribution required no later than the thirtieth day of June, two thousand
seven.;
And,
On page twelve, section six, line fourteen, after the word
"seven" by changing the period to a colon and adding the following
proviso: Provided, That a member who has left employment but has
not withdrawn his or her funds, upon returning to employment, shall
pay the one and one-half percent contribution required in this
section within one year of being rehired, and, for one year
following the date of rehire, is eligible to obtain a loan, as
established in this section, for the purpose of paying the required
contribution.
The bill (S. B. No. 4010), as amended, was then 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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 4010 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, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, Minard, Minear, Plymale, Prezioso, Sharpe, Sprouse,
Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison, McKenzie, Oliverio and Yoder--4.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 4010) passed.
On motions of Senators Foster and Helmick, the following
amendment to the title of the bill was reported by the Clerk and
adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 4010--A Bill to amend and reenact §18-7C-
2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-
7C-9, §18-7C-10, §18-7C-11, §18-7C-12 and §18-7C-13 of the Code of
West Virginia, 1931, as amended, all relating to the proposed merger of the Teachers' Defined Contribution Retirement System with the
State Teachers Retirement System; amending certain definitions;
clarifying credit receipt and asset calculations for transfer;
clarifying when certain contributions shall be paid; clarifying loan
eligibility; establishing date on which money must be in a member's
account to be eligible to vote in the merger election; requiring
payment of contribution for full service credit; adding the Board's
ability to do all things necessary to maintain the current
retirement system during any transition period; clarifying that the
member may select either periodic payments or lump sum distribution
of the member's total vested account at the date of merger if
certain conditions are met; and technical corrections.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, Minard, Minear, Plymale, Prezioso, Sharpe, Sprouse, Unger,
Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison, McKenzie, Oliverio and Yoder--4.
Absent: None.
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. 4010) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary, submitted
the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 4011, Allowing additional flexibility for
issuance and rates for workers' compensation bonds generally.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 4011) contained in the preceding report
from the Committee on the Judiciary 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.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bill was
introduced, read by its title, and referred to the appropriate
committees:
By Senators Kessler, Bowman, Edgell, Minard, McKenzie, Minear,
Sharpe, Plymale, Fanning, Dempsey, Prezioso, Jenkins, Foster,
Hunter, Unger, White, McCabe, Facemyer, Lanham, Love, Deem, Caruth,
Yoder, Sprouse, Weeks, Boley, Guills, Helmick, Bailey, Chafin and
Tomblin (Mr. President):
Senate Bill No. 4018--
A Bill to amend and reenact §7-7-1 and
§7-7-4 of the Code of West Virginia, 1931, as amended, all relating
to providing a salary increase for elected county officials; and
finding that additional duties have been imposed on county officials
which justify the increased compensation.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
Petitions
Senators Edgell and Kessler presented a petition from Joyce
Suter and numerous West Virginia residents, requesting the
Legislature repeal or amend the Limited Video Lottery Act to limit
or restrict video lottery establishments.
Referred to the Committee on the Judiciary.
The Senate proceeded to the ninth order of business.
Senate Bill No. 4006, Relating to accountability of persons
receiving state funds or grants.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 4014, Making supplementary appropriation to
Lottery Commission, Excess Lottery Revenue Fund Surplus.
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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 4014 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 4014) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
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. 4014) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 4015, Supplementing, amending, reducing and increasing items of existing appropriation from Department of
Agriculture, Fees Fund.
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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 4015 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 4015) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
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. 4015) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 4016, Making supplementary appropriation to
Department of Agriculture, Agricultural Land Protection Authority.
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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 4016 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 4016) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
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. 4016) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 4017, Supplementing, amending, reducing and
increasing existing appropriations from State Fund, General Revenue,
to Division of Human Services and Higher Education Policy
Commission.
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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 4017 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Barnes--1.
Absent: None.
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. 4017) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Barnes--1.
Absent: None.
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. 4017) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Deem, Barnes, Prezioso and
Caruth.
Thereafter, at the request of Senator Love, and by unanimous
consent, the remarks by Senator Barnes were ordered printed in the
Appendix to the Journal.
At the request of Senator Sprouse, unanimous consent being
granted, the remarks by Senator Deem 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, Saturday, September 10, 2005, at 9 a.m.
____________
SATURDAY, SEPTEMBER 10, 2005
The Senate met at 9 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.
Pending the reading of the Journal of Friday, September 9,
2005,
On motion of Senator Fanning, 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 and
legislative nominations) was postponed and made a special order of
business for tomorrow, Sunday, September 11, 2005, at 7 p.m.
The Senate proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted the
following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 4008, Relating to salaries for teachers and
school service personnel.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 4008) contained in the preceding report
from the Committee on Education 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, with an amendment from the Committee on
Education pending.
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. 4018, Providing salary increase for elected
county officials.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 4018) contained in the preceding report
from the Committee on Government Organization 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 Plymale, from the Committee on Education, submitted the
following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 4019 (originating in the Committee on
Education)--A Bill to amend and reenact §5-5-1 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §18B-8-7; and to amend said code by adding
thereto a new section, designated §18B-9-13, all relating to
providing the salary increment to faculty at state institutions of
higher education; and providing method of allocating certain funds
for higher education employee salary increases.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 4019) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Plymale, the bill was 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. 4020 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §6-7-2a of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§24-1-3 of said code, all relating generally to salaries of state
officials; providing a Senior Executive Service Salary Schedule for
certain state officials; and salaries of the member of the Public
Service Commission.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on the Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 4020) 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.
On motion of Senator Bowman, the bill was referred to the
Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 401 (originating in the
Committee on Transportation and Infrastructure)--Requesting the
Division of Highways name the portion of W. Va. Route 16 between
Glen Jean and Oak Hill, Fayette County, the "Hank Williams, Sr.,
Memorial Road".
Whereas, Hank Williams, Sr., traveled the portion of W. Va.
Route 16 between Glen Jean and Oak Hill, Fayette County, shortly
before his death near Oak Hill on the night of December 31, 1952;
and
Whereas, The haunting melodies created by Hank Williams, Sr.,
have touched the souls of so many throughout the United States; and
Whereas, The contributions of Hank Williams, Sr., have helped
propel country music into the billion-dollar industry it is today;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the portion of W. Va. Route 16 between Glen Jean and Oak Hill,
Fayette County, the "Hank Williams, Sr., Memorial Road"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the Governor.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the ninth order of business.
Senate Bill No. 4001, Relating to benefits to dependents of
certain state troopers.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the
conclusion of bills on today's first reading calendar.
Senate Bill No. 4006, Relating to accountability of persons
receiving state funds or grants.
On second reading, coming up in regular order, was 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, section fourteen, line twenty-four, by striking
out the word "and";
On page three, section fourteen, line one, after the word
"benefits" by changing the period to a semicolon and inserting the
following: and (I) federal pass-through funds that are subject to
the federal Single Audit Act Amendments of 1996, 31 U. S. C. 7501,
et seq.;
On page three, section fourteen, line seven, by striking out
the word "twenty-five" and inserting in lieu thereof the word
"fifty";
On page three, section fourteen, line eighteen, by striking out
the word "twenty-five" and inserting in lieu thereof the word
"fifty";
On page four, section fourteen, line ten, by striking out the word "three" and inserting in lieu thereof the word "five";
And,
On page four, section fourteen, line seventeen, by striking out
the word "three" and inserting in lieu thereof the word "five".
On motion of Senator Helmick, the following amendments to the
bill (S. B. No. 4006) were next reported by the Clerk and adopted:
On page three, section fourteen, lines six and seven, by
striking out the words "a state grant" and inserting in lieu thereof
the words "one or more state grants";
On page three, section fourteen, line seven, after the word
"more" by inserting the words "in the aggregate in a fiscal year";
And,
On page three, section fourteen, line nineteen, after the word
"grant" by changing the period to a comma and inserting the words
"unless the grantee submits a report addressing the disbursement of
the grant, under subdivision (1) of this subsection."
On motion of Senator Helmick, the following amendments to the
bill (S. B. No. 4006) were next reported by the Clerk, considered
simultaneously, and adopted:
On page three, section fourteen, line five, by striking out the
words "sixteen-a, article twelve" and inserting in lieu thereof the
words "seven, article twelve-c";
On page six, section fourteen, line seven, by striking out the word "performed" and inserting in lieu thereof the words "or sworn
statement of expenditures submitted";
On page six, section fourteen, line nine, after the word
"report" by inserting the words "or sworn statement of
expenditures";
On page seven, section fourteen, line eleven, by striking out
the words "sixteen-a, article twelve" and inserting in lieu thereof
the words "seven, article twelve-c";
On page seven, section fourteen, line fifteen, after the word
"reports" by inserting the words "or sworn statement of
expenditures";
On page seven, section fourteen, line twenty, after the word
"authorized" by inserting the words "at any time";
On page seven, section fourteen, line twenty-two, by striking
out the words "at any time";
On page eight, section fourteen, line three, by striking out
the words "sixteen-a, article twelve" and inserting in lieu thereof
the words "seven, article twelve-c";
On page nine, section fourteen, line nine, by striking out the
words "sixteen-a, article twelve" and inserting in lieu thereof the
words "seven, article twelve-c";
On page nine, section fourteen, line twenty-four, by striking
out the words "sixteen-a,";
On page ten, section fourteen, line one, by striking out the
words "article twelve" and inserting in lieu thereof the words
"seven, article twelve-c";
And,
On page ten, section fourteen, line eighteen, by striking out
the words "sixteen-a, article twelve" and inserting in lieu thereof
the words "seven, article twelve-c";
On motion of Senator Caruth, the following amendment to the
bill (S. B. No. 4006) was next reported by the Clerk and adopted:
On page three, section fourteen, line ten, after the word
"audit" by inserting a comma and the words "by an independent
certified public accountant,".
The bill (S. B. No. 4006), as amended, was then 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, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: Weeks--1.
Absent: None.
Engrossed Senate Bill No. 4006 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Barnes--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 4006) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Barnes--1.
Absent: None.
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. 4006) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 403, Providing for a technical correction
relating to benefits of spouses and children of state troopers who
die in the line of duty.
On second reading, coming up in regular order, was read a
second time and ordered to 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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 403) 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 403) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
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. 403) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the tenth order of business.
Eng. House Bill No. 406, Providing that the fourth Thursday and
Friday of November are "Thanksgiving Holidays", and combining
Lincoln's Birthday and Washington's Birthday into a single holiday
known as Presidents' Day to match the federal holiday.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The end of today's first reading calendar having been reached,
the Senate returned to the consideration of
Senate Bill No. 4001, Relating to benefits to dependents of
certain state troopers.
On second reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate
in the passage of
Eng. House Bill No. 405--A Bill to amend and reenact §21A-1A-17
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §21A-5-10c, all
relating to unemployment compensation generally; placing a limit on
the amount of wages an election official can receive in a calendar
year that is not considered employment wages for unemployment
compensation purposes; preventing State Unemployment Tax Act (SUTA)
dumping, a method to circumvent the paying of proper unemployment
compensation taxes; and imposing a criminal penalty for dumping
violations.
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.
The Senate proceeded to the thirteenth order of business.
Senator Fanning called attention to today being the birthday
of Karl Lilly, Assistant Clerk, and on behalf of the Senate extended
felicitations and good wishes to Karl Lilly, 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 adjourned until
tomorrow, Sunday, September 11, 2005, at 7 p.m.
____________
SUNDAY, SEPTEMBER 11, 2005
The Senate met at 7 p.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 Saturday, September 10,
2005,
On motion of Senator Boley, 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 and
legislative nominations) was postponed and made a special order of
business for tomorrow, Monday, September 12, 2005, at 11 a.m.
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. 4008, Relating to salaries for teachers and
school service personnel.
With an amendment from the Committee on Education pending;
Now on second reading, having been read a first time and
referred to the Committee on Finance on September 10, 2005;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Education to which the bill was
first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 4008) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
On page nine, section two, line fourteen, by striking out the
word "six" and inserting in lieu thereof the word "five".
The bill (S. B. No. 4008), as amended, was then 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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 4008 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 4008) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 4008) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 4012,
Relating generally to salaries of state
officials
.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 4012 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§15-2-5 of the Code of West Virginia, 1931, as amended; to amend and
reenact §19-23-4 of said code; and to amend and reenact §50-1-8 and
§50-1-9 of said code, all relating to increasing the salaries of
State Police personnel; codifying the salaries for members of the
Racing Commission; and increasing the salaries of magistrate clerks and magistrate assistants.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 4012) contained in the
preceding report from the Committee on Government Organization 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 Kessler, from the Committee on the Judiciary, submitted
the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 4013, Amending certain provisions of the code
involving horse and dog racing; distribution of certain proceeds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 4013 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §19-23-9,
§19-23-13b and §19-23-13c of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-10b of said code, all
relating to amending certain provisions of the code involving horse
and dog racing and distribution of certain proceeds; providing
special funds, to be established by the Racing Commission, to be
used for the payment of breeders' awards, restrictive races and
stakes purses; deleting obsolete provisions; deleting the stated
objective for the Fund to aid in the rejuvenation and development
of horse tracks in the state for capital improvements and other
purposes; providing that the Commission establish funds and accounts
for each association and licensee rather than holding funds in
deposit in one fund; deleting current provisions concerning the
distribution of balances remaining in breeders and raisers, sire
owners and purse supplement funds; clarifying the meaning of the
phrase "sufficient horses" for purposes of pari-mutuel thoroughbred
horse tracks' provision of restricted races; providing that the
requirement increasing certain purses in restricted races is only
applicable to thoroughbred racetracks that have participated in the
West Virginia Thoroughbred Development Fund for more than four
consecutive years; providing the Racing Commission may transfer
funds back to the general purse fund if less than seventy-five
percent of the restricted races fail to receive enough entries;
deleting the provision that prohibits associations and licensees who
qualify for alternate tax provisions contained in subsection (b), section ten, article twenty-three, chapter nineteen of said code
from eligibility for treatment under the provisions of section
thirteen-b of said article; providing that on the first day of
January, two thousand six, licensed racing associations must have
a West Virginia Thoroughbred Racing Breeders' Program; clarifying
disbursement of funds for the benefit of the West Virginia Breeders'
Classic; requiring Racing Commission to conduct a study of the
adequacy of funding of certain Thoroughbred Development Funds and
requiring a report thereon to the Legislature; allowing for
different uses of Thoroughbred Development Funds by thoroughbred
racing tracks based upon differences in circumstance; deleting
provisions of the Racetrack Video Lottery Act exempting certain
licensees from paying into the thoroughbred and greyhound breeders'
funds; increasing maximum amount from the general purse fund for
purposes of restricted races for the thoroughbred racetrack which
participated in the Thoroughbred Development Fund for at least four
consecutive years prior to the thirty-first day of December, one
thousand nine hundred ninety-two; and making technical corrections
and providing reversion of racetrack video lottery excess net
terminal income diverted from the racetrack purse funds to Workers'
Compensation Debt Reduction Fund pursuant to Enrolled Senate Bill
No. 1004, which took effect the twenty-ninth day of January, two
thousand five, to revert to racetrack purse after a total amount of eleven million dollars of net terminal income and excess net
terminal income has been diverted to each fiscal year from the purse
funds to the workers' compensation debt.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 4013) contained in the
preceding report from the Committee on the Judiciary 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. 4018, Providing salary increase for elected
county officials.
Now on second reading, having been read a first time and
referred to the Committee on Finance on September 10, 2005;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 4018) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, 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, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: Weeks--1.
Absent: None.
Engrossed Senate Bill No. 4018 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Barnes--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 4018) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Barnes--1.
Absent: None.
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. 4018) 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
Senate Bill No. 4019, Relating to higher education employee
salary increases.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on September 10, 2005;
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. 4019) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-1. Definitions.
For the purposes of this article:
(a) "Eligible employee" means either of the following:
(1) Any regular full-time employee of the state or any spending
unit of the state who is eligible for membership in any state
retirement system of the State of West Virginia or other retirement
plan authorized by the state: Provided, That the mandatory salary
increase required by this article shall does not apply to any
faculty employee at state institutions of higher education, or any
employee of the state whose compensation is fixed by statute or by
statutory schedule other than employees described in this section:
Provided, however, That effective the first day of July, two
thousand six, the mandatory salary increase required by this article
does apply to certain faculty employees at state institutions of
higher education as set forth in subdivision (3) of this subsection.
Clerks, deputy clerks and magistrate assistants of magistrate courts
are eligible for the incremental salary increases provided in this
article with the increases to be allowable in addition to the
maximum salaries and compensation for the employee offices under the
magistrate court system statutes of article one, chapter fifty of this code. This article may not be construed to does not mandate
an increase in the salary of any elected or appointed officer of the
state; or
(2) Any classified employee as defined in section two, article
nine, chapter eighteen-b of this code who is an employee of a state
institution of higher education, or of the Higher Education Policy
Commission or the Council for Community and Technical College
Education; or
__(3) Effective on the first day of July, two thousand six, and
thereafter, any full-time member of the faculty as defined in
section one, article eight, chapter eighteen-b of this code who is
an employee of a state institution of higher education, the Higher
Education Policy Commission, or the Council for Community and
Technical College Education;
(b) "Years of service" means full years of totaled service as
an employee of the State of West Virginia; and
(c) "Spending unit" means any state office, department, agency,
board, commission, institution, bureau or other designated body
authorized to hire employees.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-7. Allocation of certain funds for faculty salary
increases.
(a) The faculty share of the funds appropriated during the
fourth extraordinary session, two thousand five, to the Community
and Technical College Education Control Account - Fund 0596 and to
the Higher Education Policy Commission System Control Account - Fund
0586 shall be used for the purpose of providing salary increases to
faculty effective the first day of November, two thousand five.
Notwithstanding any institutional policies to the contrary, the
faculty share of the funds shall be allocated for the salary
increases in such a manner that all full-time faculty receive an
equal amount of a salary increase and part-time faculty receive a
salary increase that is a proportional fraction of the salary
increase of full-time faculty. The faculty share of these funds
shall be used to provide salary increases to faculty in accordance
with this section, and not in accordance with any institutional
policy on faculty salary increases. The salary increase received
by each faculty member pursuant to this section shall become a part
of his or her base salary.
(b) The faculty share of the funds shall be determined by
dividing the number of full-time equivalent faculty by the sum of
all full-time equivalent employees, and then multiplying the
quotient by the total amount allocated to the institution or other
entity, as applicable.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION SYSTEM.
§18B-9-13. Allocation of certain funds for classified employee
salary increases.
(a) The classified employees share of the funds appropriated
during the fourth extraordinary session, two thousand five, to the
Community and Technical College Education Control Account - Fund
0596, to the Higher Education Policy Commission Administration
Control Account - Fund 0589 and to the Higher Education Policy
Commission System Control Account - Fund 0586 shall be used for the
purpose of providing salary increases to classified employees
effective the first day of November, two thousand five.
Notwithstanding any institutional policies to the contrary, the
classified employees' share of the funds shall be allocated to full-
time equivalent classified employees for salary increases in such
a manner that each classified employee receives an equal percentage
of the amount the classified employee's salary is below the salary
prescribed for that employee in the Higher Education Classified
Employee Annual Salary Schedule set forth in section three of this
article. Classified employees who are at or above the salary
prescribed for them in the salary schedule shall not receive an
increase and shall not be included in the calculation of each
employee's salary increase. The classified employees' share of the
funds shall be used to provide salary increases to classified employees in accordance with this section, and not in accordance
with any institutional policy on classified employee salary
increases. The salary increase received by each classified employee
pursuant to this section shall become a part of his or her base
salary.
(b) If any funds remain from the classified employees' share
of the funds after distributing the funds in accordance with the
method prescribed in subsection (a) of this section, the method for
allocating the remaining funds for classified employee salary
increases shall be determined by the institution or other entity,
as applicable.
(c) The classified employees' share of the funds shall be
determined by dividing the number of full-time equivalent classified
employees by the sum of all full-time equivalent employees, and then
multiplying the quotient by the total amount allocated to the
institution or other entity, as applicable.
The bill (S. B. No. 4019), as amended, was then 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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 4019 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 4019) 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. 4019--A Bill
to amend and reenact §5-5-1
of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto a new section, designated §18B-8-7; and to amend
said code by adding thereto a new section, designated §18B-9-13, all
relating to higher education salary increases; providing the salary
increment to faculty at state institutions of higher education; and
providing methods for allocating certain funds for higher education
employee salary increases.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
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. 4019) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 401, Requesting Division of
Highways name portion of Route 16 in Fayette County "Hank Williams,
Sr., Memorial Road".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 405, Changing West Virginia's Unemployment
Compensation law to conform it to federally mandated legislation.
On second reading, coming up in regular order, was read a
second time and ordered to 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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 405) 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 405) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 406, Providing that the fourth Thursday and
Friday of November are "Thanksgiving Holidays", and combining
Lincoln's Birthday and Washington's Birthday into a single holiday
known as Presidents' Day to match the federal holiday.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Bailey, Jenkins, Minard, McCabe, Foster,
Kessler, Edgell, Bowman, Chafin, Helmick, Dempsey, Fanning, Hunter,
Love, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin
(Mr. President), the following amendments to the bill were reported
by the Clerk, considered simultaneously, and adopted:
O
n page two, section one, lines fourteen and fifteen, by
striking out all of subdivision (10) and inserting in lieu thereof
the following:
"(10) The fourth Thursday of November is 'Thanksgiving Day';
(11) The fourth Friday of November is 'Family Values Day';";
And,
By renumbering the remaining subdivisions.
On motion of Senator Bowman, the following amendment to the
bill (Eng. H. B. No. 406) was next reported by the Clerk and
adopted:
On page three, section one, line thirty-four, by striking out
the words "subdivision (13)" and inserting in lieu thereof the words
"subdivisions (13), (14) and (15)".
On motion of Senator Barnes, the following amendment to the
bill (Eng. H. B. No. 406) was next reported by the Clerk:
On page two, section one, line nine, after the word "Virginia"
by inserting a hyphen and the word "Lincoln".
The question being on the adoption of the amendment offered by Senator Barnes to the bill, the same was put.
The result of the voice vote being inconclusive, Senator Deem
demanded a division of the vote.
A standing vote being taken, there were thirteen "yeas" and
seventeen "nays".
Whereupon, the President declared the amendment offered by
Senator Barnes to the bill rejected.
The bill (Eng. H. B. No. 406), as amended, was then ordered to
third reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Monday, September 12, 2005, at 11 a.m.
____________
MONDAY, SEPTEMBER 12, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. Karl Ruttan, St. John's
Episcopal Church, Charleston, West Virginia.
Pending the reading of the Journal of Sunday, September 11,
2005,
On motion of Senator Foster, 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 and
legislative nominations) was postponed and made a special order of
business at 2 p.m. today.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
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. Com. Sub. for House Bill No. 413--A Bill to amend and
reenact §15-2-5 of the Code of West Virginia, 1931, as amended,
relating to providing an increase in the annual base salary of all
sworn State Police personnel.
At the request of Senator Chafin, and by unanimous consent, the
message was taken up for immediate consideration, the bill was read
a first time, ordered to second reading, and then referred to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 401--Requesting the Division
of Highways to name the bridge on Cleveland Avenue in Buckhannon, West Virginia, the "William S. O'Brien Memorial Bridge".
Whereas, William S. O'Brien was born the son of Colonel Emmet
J. and Marsha Ann O'Brien on January 8, 1862, at Audra, on the
Middle Fork River in Barbour County, West Virginia, and moved with
them to Weston, Lewis County, West Virginia, in 1867; and
Whereas, After obtaining his degree from West Virginia
University in 1891, he began actively practicing law; and
Whereas, William S. O'Brien was married to his beloved wife,
Emma White, on October 14, 1896, which produced four wonderful
children, three sons and one daughter; and
Whereas, During his long career as a public servant, William
O'Brien taught school, served as a captain in the National Guard,
was a member of the Masons and the Knights of Pythias, served as
editor of the newspaper, sat as judge of the Twelfth Judicial
Circuit from 1913 to 1920, and was elected a member of Congress from
the Third District in 1926; and
Whereas, William S. O'Brien served as Secretary of State from
1932 until he passed on August 10, 1948; and
Whereas, The members of the West Virginia Legislature would
like to honor the public service and the life of William O'Brien;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on Cleveland Avenue in Buckhannon, West Virginia,
Department of Highways Design Division Bridge No. 10232, in honor
of William O'Brien, a legislator, lawyer, educator, family man and
public servant; and, be it
Further Resolved, That the Division of Highways is requested
to have made and placed on the bridge signs identifying it as the
"William S. O'Brien Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 402--Requesting the Division
of Highways name the bridge located 0.01 miles south of County Route
26 and located on Route 85 in the community of Van, West Virginia,
the "Thom Cline Memorial Bridge".
Whereas, Thom Cline was a schoolteacher with thirty-five years
of service; and
Whereas, Tragically, Thom Cline lost his life in a house fire
January 6, 2003; and
Whereas, Thom Cline opened his students' eyes to the world with trips to Europe, sponsored school beautification projects, and
planned, designed and organized the annual school honor banquet; and
Whereas, Thom Cline respected every school colleague and staff
member and truly loved and cared for them unconditionally; and
Whereas, Thom Cline was a person who kindled the spirits of his
students by his love and his commitment and who enriched the lives
of all who knew him personally or knew of him through others; and
Whereas, Thom Cline's contributions to his community and to the
memories of his students and fellow citizens will be long cherished;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge located 0.01 miles south of County Route 26 and
located on Route 85 in the community of Van, West Virginia, the
"Thom Cline Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation, the Commissioner of the Division of Highways, the
family of Thom Cline, and appropriate news media.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 403--Requesting the Division
of Highways to name the bridge in Curtin, West Virginia, the "Larry
'Joe' Markle Bridge".
Whereas, When Joe was three years old, he was hit by a car
leaving him mentally and physically challenged; and
Whereas, Since then, Joe's passion in life is riding to and
from the bridge and greeting everyone who enters or leaves Curtin;
and
Whereas, A few years ago, the State rebuilt the bridge and Joe
made his rounds as if he were the bridge foreman; and
Whereas, When the bridge was completed, a yellow ribbon was put
across the bridge and Joe rode his bike across it breaking the
ribbon with hands held high in the air celebrating the new bridge
and his favorite hangout; and
Whereas, Recently, Joe's health declined when he started having
congestive heart failure and his breath was too short to ride his
bike; and
Whereas, Joe became depressed because he could not ride his
bike to the bridge; and
Whereas, Since then, a pacemaker has given Joe new life and
energy to ride back to the bridge and man his position as the
unofficial "greeter" on the bridge for Curtin; and
Whereas, The members of the Legislature would like to honor Joe for his dedication and passion for life by naming the bridge in
Curtin, West Virginia, the "Larry 'Joe' Markle Bridge"; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entryway of each end
of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of Highways and to Larry "Joe" Markle.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 404--Requesting the Division
of Highways to name the new Watson Bridge over the West Fork River
on U. S. Route 250 in Fairmont, Marion County, West Virginia, the
"Watson Senior Citizens Bridge in Honor of Jim Costello".
Whereas, Jim Costello was born in Monongah, Marion County, June
26, 1923, one of seven children, the son of John Costello, a coal miner, and Amanda Dee Swisher Costello, a midwife; and he passed
away on June 7, 2002, leaving a wife, Evelyn Muto Costello, a
daughter and son-in-law, Diane and Marc Cervo, son and
daughter-in-law, Pat and Jenni Costello, a sister, Margaret Biafore,
four grandchildren, Cara Hose and her husband, Steve Hose, Ryan,
Brett and Jessica Costello; and
Whereas, Jim Costello served in the United States Navy during
World War II and saw action in the South Pacific Theater on a PT
boat. He also worked as a coal miner and completed 35 years of
service at the Owen-Illinois Glass Plant serving as President of
Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West
Virginia Department of Highways and during that time, he was
instrumental in overseeing many projects for Marion County. He
oversaw the removal of the dangerous curve at Dakota and the
replacement of the current Watson Bridge structure in addition to
many other highway projects; and
Whereas, Jim Costello was a strong Democrat and was involved
with the Democratic Party, serving on the Executive Committee and
as Precinct Captain. He was the Marion County coordinator of
several gubernatorial campaigns and was honored in 1997 as the
Democrat of the Year in Marion County; and
Whereas, It is fitting that the Watson Bridge be named for this true West Virginian who dedicated his life to improving Marion
County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the new Watson Bridge over the West Fork River on U. S.
Route 250 in Fairmont, Marion County, West Virginia, the "Watson
Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Division of Highways provide and
erect signs at either end of the bridge displaying the name "Watson
Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Secretary of the Department of Transportation and to the family of
Jim Costello.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 405--Providing for naming the
section of West Virginia Route 16 from the intersection of West
Virginia Route 16 and West Virginia Route 5, north to the Ritchie
County line, the "Sheriff Park D. Richards Memorial Highway".
Whereas, Park D. Richards served honorably as Sheriff of Calhoun County until his untimely death at the age of sixty-two,
during the line of duty in 1976; and
Whereas, On November 18, 1976, Calhoun County Sheriff Park D.
Richards died in the line of duty while he and State Trooper C. W.
"Chuck" McDonald were serving a warrant on a dangerous and disturbed
individual; and
Whereas, When Sheriff Richards and Trooper McDonald announced
their intent, the individual fired a high-powered rifle, striking
Sheriff Richards in the throat; and
Whereas, Sheriff Richards died at the scene of the crime
shortly after being shot; and
Whereas, Sheriff Richards is memorialized in a plaque memorial
which hangs on one of the pillars at the Calhoun County Courthouse;
and
Whereas, Sheriff Richards is memorialized as one of the names
which appears on "Fallen Partner", the State of West Virginia's
statue memorial to West Virginia police officers killed in the line
of duty, located outside the Cultural Center at the Capitol Complex
in Charleston; and
Whereas, There is an online memorial to Sheriff Richards,
hosted by The Officer Down Memorial Page, Inc., where he is honored
with the 17,344 United States police officers who have died in the
country to date; and
Whereas, Those who knew Richards can leave remembrances of him
at www.odmp.org; and
Whereas, The Town of Grantsville has declared November 18 as
Sheriff Park Richards Day, and a wreath will be hung beneath his
plaque at the Calhoun County Courthouse annually; therefore, be it
Resolved by the Legislature of West Virginia:
That the section of West Virginia Route 16 from the
intersection of West Virginia Route 16 and West Virginia Route 5,
north to the Ritchie County line, be named the "Sheriff Park D.
Richards Memorial Highway"; and, be it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be manufactured appropriate
signs with the prominent display of the words "Sheriff Park D.
Richards Memorial Highway" and to erect same along the section of
West Virginia Route 16 from the intersection of West Virginia Route
16 and West Virginia Route 5, north to the Ritchie County line, West
Virginia.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 406--Requesting the Division
of Highways to name the bridge at McCauley in Hardy County, West Virginia, the "John and Freda Rudy Memorial Bridge".
Whereas, John and Freda Rudy lived a life of joy, nurturing not
only a budding business but also a loving family; and
Whereas, John and Freda Rudy began their career in the grocery
business in 1938, creating a business that would become a vital part
of the community; and
Whereas, Both were named Outstanding Democrat of the Year for
Hardy County, John Rudy in 1987 and Freda Rudy in 1990; and
Whereas, John and Freda owned and operated the store they built
together to unselfishly serve their community for more than fifty-
five years; and
Whereas, After John's death in December 1995, Freda continued
to live in their store/home until her passing in November 2004;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge at McCauley in Hardy County, West Virginia, in
honor of John and Freda Rudy, devoted parents, grandparents,
friends, merchants and public servants; and, be it
Further Resolved, That the Division of Highways is requested
to have made and placed on the bridge signs identifying it as the
"John and Freda Rudy Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the
Secretary of the Department of Transportation; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the Rudy
family.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 407--Requesting the West
Virginia Division of Highways to name the bridge located at U. S.
Route 2 and Nine Mile Road in Cabell County, West Virginia, the
"David Rickey Carson Memorial Bridge".
Whereas, David Rickey Carson, the son of Mr. and Mrs. Raymond
Carson, was born on September 8, 1947, at Lesage, Cabell County,
West Virginia; and
Whereas, Specialist/4 David Rickey Carson was killed in action
on January 31, 1968, at Gia Dinh, Vietnam, while serving in the U.
S. Army, 1st Log Command; and
Whereas, Specialist/4 David Rickey Carson was awarded the
Purple Heart, posthumously; and
Whereas, David Rickey Carson gave his young life in the service
of his country on a battlefield in a country far away, the supreme sacrifice for the cause of freedom; and
Whereas, The life of David Rickey Carson should not go
unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia
Division of Highways to name the bridge located at U. S. Route 2 and
Nine Mile Road in Cabell County, West Virginia, the "David Rickey
Carson Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways
provide and erect a sign at either end of the bridge displaying the
name of the bridge; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Commissioner of the Division of
Highways and to the surviving family of David Rickey Carson.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 408--Honoring the late Leonard
R. Valentine by declaring the bridge numbered 54 - 1.60 on State
Route 54 in Mullens, West Virginia, the "Leonard Valentine 'Coach
Val' Memorial Bridge".
Whereas, Coach Val was the first African-American coach in the State of West Virginia to win state championships in two different
sports. Football in 1951 and basketball in 1963 for Conley High
School, the Blue Devils, an all-black school; and
Whereas, Coach Val was featured in Jet Magazine for being the
first African-American coach to win a boys state basketball
championship in the State of West Virginia with an all-black team;
and
Whereas, Coach Val served as the assistant coach to Don Nuckols
in both the 1970 and 1972 West Virginia Boys State Basketball
Championships; and
Whereas, Coach Val was a graduate and All-American in football
as a tight end for Bluefield State College; and
Whereas, Coach Val became a life member of the Kappa Alpha Psi
Fraternity, Inc., and later the Founding Father of the Beckley
Alumni Chapter of Kappa Alpha Psi; and
Whereas, Coach Val did community service for the City of
Mullens, West Virginia, by ensuring that all community playgrounds
for the youth were operational and functioning for the kids during
summer after school had ended for the year; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division
of Highways to designate and name the bridge numbered 54 - 1.60 on
State Route 54 in Mullens, West Virginia, the "Leonard Valentine 'Coach Val' Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and
erect signs at either end of the bridge displaying the name "Leonard
Valentine 'Coach Val' Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Commissioner of the Division of Highways, the family of Leonard R.
Valentine and the City of Mullens.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 409--Requesting the West
Virginia Division of Highways to name the bridge on I-64 at the
intersection of Rt. 219 in Lewisburg, Greenbrier County, West
Virginia, the "Gary Wayne Martini Memorial Bridge".
Whereas, Gary Wayne Martini, the son of William Lee Martini and
the late Ann Aldridge Martini Humphrey, was born in Lexington,
Virginia, on September 21, 1948, and moved at an early age to
Greenbrier County, West Virginia, with his family; and
Whereas, Gary Wayne Martini was raised on Germany Road near
Frankford, West Virginia, and attended Greenbrier County schools in
Frankford; and
Whereas, Private First Class Gary Wayne Martini was killed in
hostile action on April 21, 1967, at Binh Son, Republic of Vietnam,
while serving with the U. S. Marine Corps, Company F, 2nd Battalion,
1st Marines, 1st Marine Division; and
Whereas, Private First Class Gary Wayne Martini was awarded the
Congressional Medal of Honor, posthumously, for his heroic actions
on the field of battle, which are duly chronicled in this Medal of
Honor Citation:
"For conspicuous gallantry and intrepidity at the risk of his
life above and beyond the call of duty. On the 21st of April 1967,
during Operation UNION elements of Company F, conducting offensive
operations at Binh Son, encountered a firmly entrenched enemy force
and immediately deployed to engage them. The Marines in Pfc.
Martini's platoon assaulted across an open rice paddy to within 20
meters of the enemy trench line where they were suddenly struck by
hand grenades, intense small arms, automatic weapons, and mortar
fire. The enemy onslaught killed 14 and wounded 18 Marines, pinning
the remainder of the platoon down behind a low paddy dike. In the
face of imminent danger, Pfc. Martini immediately crawled over the
dike to a forward open area within 15 meters of the enemy position
where, continuously exposed to the hostile fire, he hurled hand
grenades, killing several of the enemy. Crawling back through the
intense fire, he rejoined his platoon which had moved to the relative safety of a trench line. From this position he observed
several of his wounded comrades lying helpless in the fire-swept
paddy. Although he knew that one man had been killed attempting to
assist the wounded, Pfc. Martini raced through the open area and
dragged a comrade back to a friendly position. In spite of a
serious wound received during this first daring rescue, he again
braved the unrelenting fury of the enemy fire to aid another
companion lying wounded only 20 meters in front of the enemy trench
line. As he reached the fallen Marine, he received a mortal wound,
but disregarding his own condition, he began to drag the Marine
toward his platoon's position. Observing men from his unit
attempting to leave the security of their position to aid him,
concerned only for their safety, he called to them to remain under
cover, and through a final supreme effort, moved his injured comrade
to where he could be pulled to safety, before he fell, succumbing
to his wounds. Stouthearted and indomitable, Pfc. Martini
unhesitatingly yielded his life to save two of his comrades and
insure the safety of the remainder of his platoon. His outstanding
courage, valiant fighting spirit and selfless devotion to duty
reflected the highest credit upon himself, the Marine Corps, and the
U. S. Naval Service. He gallantly gave his life for his country";
and
Whereas, Gary Wayne Martini gave the last full measure of devotion to his country and to his comrades-in-arms, sacrificing his
own life to save the lives of his fellow soldiers; and
Whereas, Gary Wayne Martini is truly deserving of a fitting
tribute in his home State of West Virginia to memorialize his heroic
actions and supreme sacrifice; and
Whereas, The bridge on I-64 at the intersection of Rt. 219 is
an appropriate edifice to honor this fallen hero, for Gary Wayne
Martini lays peacefully resting in Rosewood Cemetery only a quarter
of a mile from the bridge; and
Whereas, This bridge shall henceforth stand as a permanent
memorial to Gary Wayne Martini so that his indomitable courage and
selfless heroism will never be forgotten, for as it has been so
eloquently stated, "Poor is a nation who has no heroes; shameful is
a nation who has, and forgets them"; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature hereby request the West
Virginia Division of Highways to name the bridge located on I-64 at
the intersection of Rt. 219 in Lewisburg, Greenbrier County, West
Virginia, the "Gary Wayne Martini Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways
erect a sign at both ends of the bridge displaying the name of the
bridge and designating that Gary Wayne Martini is a recipient of the
Congressional Medal of Honor; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways, to Gary Wayne Martini's father, William
Lee Martini, and to other surviving members of his family.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 410--Requesting the Division
of Highways name the bridge located on Jakes Run Road off Frame Road
in Elkview, West Virginia, the "Private James C. Summers Memorial
Bridge".
Whereas, James Summers was born in Kanawha County February 14,
1838; and
Whereas, James Summers was a Private in Company H, 4th West
Virginia Infantry; and
Whereas, Private Summers was awarded the Congressional Medal
of Honor on February 25, 1895, for gallantry at Vicksburg,
Mississippi, on May 22, 1863; and
Whereas, Private Summers fought and lived through the charge
of the "volunteer storming party" in which 3,000 fellow soldiers
gave the ultimate sacrifice for the preservation of the Union;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge located on Jakes Run Road off Frame Road in Elkview,
West Virginia, the "Private James C. Summers Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Secretary of Transportation, the Commissioner of the Division of
Highways and the family of Private James C. Summers.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 411--Requesting the West
Virginia Division of Highways name Bridge 4827 the "Sergeant George
F. Eubanks Memorial Bridge".
Whereas, Sgt. Eubanks born on December 7, 1946, in Rawl, West
Virginia, and attended Barboursville and Huntington East High
Schools, where he was a member of the band and the football and
wrestling teams; and
Whereas, Sgt. Eubanks served his community as a volunteer
fireman; and
Whereas, Sgt. Eubanks was a member of the Baptist Church at Guyandotte; and
Whereas, Sgt. Eubanks volunteered for duty in Vietnam in 1967,
serving as a member of the U. S. Army's First Air Cavalry Division,
Scout Dog Team, 25th Infantry Platoon; and
Whereas, Sgt. Eubanks was killed on December 7, 1967, which
happened to be his twenty-first birthday, while serving in Vietnam;
therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested
to name Bridge 4827 the "Sergeant George F. Eubanks Memorial
Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the West Virginia Division of Highways, the Secretary of the West
Virginia Department of Transportation and the Governor of West
Virginia.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 412--Requesting the Division
of Highways to name the bridge on County Rt. 13, Arnett, Raleigh
County, West Virginia, at the end of Posey Saxon Road, approximately four tenths of one mile from State Route 3, the "Sergeant Billy Ray
Holmes Memorial Bridge".
Whereas, Sgt. Holmes was born on June 12, 1948, in Beckley and
graduated from Marsh Fork High School in Raleigh County in 1966 and
entered the Army in January, 1967; and
Whereas, Sgt. Holmes finished basic training at Fort Benning,
Georgia, and was stationed at Fort Lewis, Washington, before joining
his brother in Vietnam; and
Whereas, Sgt. Holmes was killed in combat in Vietnam on July
3, 1968; and
Whereas, Sgt. Holmes was the commander of an armored personnel
carrier when the vehicle was attacked by the Viet Cong; and
Whereas, The entire crew left the carrier and took cover in
nearby bushes, but Sgt. Holmes went back to the vehicle and started
to fire a .50 caliber machine gun; and
Whereas, During this fight, Sgt. Holmes was hit in the stomach
by an armor-piercing shell, which was about twelve inches in length
and five inches in diameter at the largest point; and
Whereas, Sgt. Holmes died within moments of being shot; and
Whereas, A few days before his death, Sgt. Holmes sustained
shrapnel wounds when another personnel carrier that he commanded was
destroyed by Viet Cong fire; and
Whereas, Sgt. Holmes was awarded the Purple Heart and the Bronze Star for his service to his country; and
Whereas, Through his untiring efforts and professional ability,
Sgt. Holmes consistently obtained outstanding results; and
Whereas, Sgt. Holmes was quick to grasp the implications of new
problems with which he was faced as a result of the ever-changing
situations inherent in a counterinsurgency operation and to find
ways and means to solve those problems; and
Whereas, It is only fitting and proper that the Legislature and
people of the State of West Virginia honor one of its native sons
and fallen heroes by naming the bridge on County Rt. 13, Arnett,
Raleigh County, West Virginia, at the end of Posey Saxon Road,
approximately four tenths of one mile from State Route 3, the
"Sergeant Billy Ray Holmes Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
bridge on County Rt. 13, Arnett, Raleigh County, West Virginia, at
the end of Posey Saxon Road, approximately four tenths of one mile
from State Route 3, the "Sergeant Billy Ray Holmes Memorial Bridge";
and, be it
Further Resolved, That the Division of Highways is hereby
requested to cause to be fabricated signs, to be posted at both ends
of the above-designated bridge, with words, printed in bold and
prominent fashion, proclaiming the "Sergeant Billy Ray Holmes Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby requested to provide a certified copy of this resolution to
family of Sergeant Billy Ray Holmes.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 413--Requesting the West
Virginia Division of Highways to name State Route 25 from Glen Jean
to Thurmond in Fayette County the "Jon Dragan Road".
Whereas, Jon Dragan was born in Fayette County, Pennsylvania,
on September 11, 1942, but was drawn to Fayette County, West
Virginia, as a young man by the lure of whitewater rapids on the New
River; and
Whereas, In 1968 Jon Dragan, along with his brothers Tom and
Chris and his future wife, Melanie, began operating the State's
first commercial rafting company, Wildwater Expeditions Unlimited,
on the New River; and
Whereas, Jon Dragan's pioneering efforts on the New River that
summer of 1968 led to the development of a whitewater rafting
industry that today is a driving force in the State's tourism
economy; and
Whereas, Jon Dragan's contributions to Fayette County and the
State of West Virginia extend far beyond whitewater rafting, for Jon
played an important role in the creation and development of the New
River Gorge National River, Bridge Day and numerous other endeavors
such as the West Virginia Southern Railway; and
Whereas, Jon Dragan's spirit of adventure in his professional
life extended to his personal life as well, where Jon participated
in whitewater expeditions in remote locations such as Tibet and
China, explored exotic locations such as the Galapagos Islands and
Antarctica, and skied in remote areas around the world; and
Whereas, Jon Dragan's personality, humor, vision and
entrepreneurial spirit were examples for all and inspiration to
many; and
Whereas, Jon Dragan was truly a man of legendary proportion,
and his sudden and unexpected passing has left a void in many lives
and in the State dynamic; and
Whereas, Jon Dragan was called from this Earth on February 12,
2005, passing away after a short illness; and
Whereas, Jon Dragan's pioneering spirit and his prodigious work
ethic enabled him to accomplish much in his relatively short
lifetime, and he leaves behind a legacy that will endure to the
great benefit of Fayette County and the State of West Virginia for
generations to come; and
Whereas, It is only fitting that we pay homage to "The Father
of Whitewater Rafting in West Virginia" by naming in his honor the
access road State Route 25 from Glen Jean to Thurmond finding the
New River Gorge where so many thousands of whitewater rafters travel
each year to reach the New River; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested
to name State Route 25 from Glen Jean to Thurmond in Fayette County
the "Jon Dragan Road"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the West Virginia Division of Highways, to Melanie Dragan, to Jon
and Melanie's daughter, Melissa, and to their son, Josh.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 414--Requesting the Division
of Highways to name the bridge spanning the Gauley River on Route
39 near Summersville, Nicholas County, the "Brock's Bridge".
Whereas, The bridge over the Gauley River at Brock's Ferry was
first built in 1904 at a cost of approximately $10,000; and
Whereas, For years this bridge was known by locals as the Brock's Bridge; and
Whereas, After the Gauley River was dammed and Summersville
Lake was completed in the 1960s, a new bridge was constructed at
Brock's Ferry; and
Whereas, Since the bridge over the Gauley River in this
location has been historically known as the "Brock's Ferry Bridge",
it is only fitting that the bridge be formally so named; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge spanning the Gauley River on Route 39 near
Summersville, Nicholas County, the "Brock's Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entryway of each end
of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of Highways and to the Nicholas County Commission.
Referred to the Committee on Transportation and Infrastructure.
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
Senate Bill No. 4009, Relating to regulating elections.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 4009 (originating in the
Committee on the Judiciary)--A Bill to repeal §3-8-5c of the Code
of West Virginia, 1931, as amended; to amend said code by adding
thereto two new sections, designated §3-8-1a and §3-8-2b; and to
amend and reenact §3-8-2, §3-8-4, §3-8-5a, §3-8-7, §3-8-8 and §3-8-
12 of said code, all relating to regulating elections; defining
terms; requiring candidates and persons making electioneering
communications to keep and make available for inspection records of
campaign-related contributions and spending; requiring persons who
engage in electioneering communications to file financial statements
with Secretary of State; contents of statement and filing
requirements; penalties for filing delinquent or incomplete
financial statements; granting the Secretary of State legislative
and emergency rule-making authority; clarifying that electioneering
communications made in coordination with a candidate or political
party are considered contributions to such candidate or political
party; increasing penalty for violations of prohibitions on
corporate contributions to candidates or for electioneering
communications; requiring political organizations to register with
the Secretary of State prior to soliciting or accepting contributions; prohibiting political organizations from accepting
contributions in excess of one thousand dollars before the primary
and general elections; and prohibiting a state official from using
public funds to disseminate his or her name or likeness at certain
times prior to an election.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 4009) 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.
The Senate proceeded to the sixth order of business.
Senators Barnes, Guills, Caruth, Lanham, Weeks, Yoder, Sprouse,
Deem, Minear, Harrison, McKenzie and Boley offered the following
resolution:
Senate Concurrent Resolution No. 402--Expressing the
Legislature's intent to protect the rights and security of citizens
with respect to private property by enacting legislation or
proposing a constitutional amendment during the 2006 Regular Session
to prohibit the State of West Virginia and its political subdivisions from taking private property through the process of
eminent domain for the purpose of private economic development.
Whereas, The institution of private property is one of the
cornerstones of our society and the foundation of our nation's
prosperity; and
Whereas, Owning property provides security and continuity for
our families and is our nation's indispensable motivator for
achievement and prosperity; and
Whereas, The Legislature recognizes that the legitimate role
of government is to defend these principles rather than to erode
them; and
Whereas, No private property should be taken by the State of
West Virginia or its political subdivisions through the process of
eminent domain unless there is a legitimate public interest and no
feasible alternative exists; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses its intent to protect the
rights and security of citizens with respect to private property by
enacting legislation or proposing a constitutional amendment during
the 2006 Regular Session to prohibit the State of West Virginia and
its political subdivisions from taking private property through the
process of eminent domain for the purpose of private economic
development.
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 403 (originating in the
Committee on Transportation and Infrastructure)--Requesting the
Division of Highways name the bridge at the junction of Route 65 and
Route 49 in Matewan, Mingo County, the "Earl Stafford Memorial
Bridge".
Whereas, In the early 1960s, Earl Stafford, unselfishly and in
the interest of his fellow coal miners, underwent dangerous and
vigorous medical testing to help determine the cause and effects of
pneumoconiosis; and
Whereas, As is known today, this chronic disease of the lungs
is an occupational disease which, in the case of Earl Stafford, is
the result of repeated inhalation of coal dust; and
Whereas, The tests and studies that Earl Stafford permitted to
be performed on him to determine the effects of pneumoconiosis have
helped develop treatment for the disease as well as allow coal
miners to receive compensation; and
Whereas, It is fitting that a lasting tribute be made to the
memory of Earl Stafford; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge at the junction of Route 65 and Route 49 in Matewan,
Mingo County, the "Earl Stafford Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the "Earl
Stafford Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. C. R. No. 403) contained in the
preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 404 (originating in the
Committee on Transportation and Infrastructure)--Requesting the
Division of Highways name the bridge on U. S. Route 119 at Miller's
Creek, Mingo County, also known as the North Nolan Bridge, the
"Arnold J. Starr Memorial Bridge".
Whereas, Arnold J. Starr was born January 22, 1906, the son of
Minnis and Nancy Marcum Starr; and
Whereas, Arnold J. Starr knew the importance of education. He
attended Morehead State University in Kentucky, Concord College in
Athens, Mercer County, and graduated with a degree in Early
Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and
served as principal of Naugatuck Grade School and Red Jacket Junior
High School. He also served as coach of the boys' basketball team;
and
Whereas, In the 1940s, Arnold J. Starr purchased and operated
a grocery store in Williamson until he was elected Mingo County Assessor, a position he held until January 1973. While serving as
Assessor, he also served as President of the West Virginia County
Officials Association and as a member of the West Virginia Assessors
Association; and
Whereas, After leaving public service as an elected official,
Arnold J. Starr continued to serve his community as an ordained
minister. He also served the State of West Virginia in the National
Guard where he obtained the rank of 1st Lieutenant. He was very
active in a number of civic-minded organizations as well; and
Whereas, It is fitting that a lasting tribute be established
to recognize the outstanding dedication and commitment Arnold J.
Starr made to the State of West Virginia as an educator, elected
county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on U. S. Route 119 at Miller's Creek, Mingo County,
also known as the North Nolan Bridge, the "Arnold J. Starr Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. C. R. No. 404) contained in the
preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Sprouse, and by unanimous consent,
the Senate returned to the consideration of
Senate Concurrent Resolution No. 402, Expressing Legislature's
intent on issue of eminent domain.
Having been introduced in earlier proceedings today.
At the request of Senator Sprouse, unanimous consent being
granted, the resolution was taken up for immediate consideration and
reference to a committee dispensed with.
The question being on the adoption of the resolution.
Senator Chafin arose to a point of order that the resolution
offered by Senators Barnes, Guills, Caruth, Lanham, Weeks, Yoder,
Sprouse, Deem, Minear, Harrison, McKenzie and Boley was out of
order, in accordance with article VII, section seven of the
Constitution which states in part ". . . the Legislature . . . shall
enter upon no business except that stated in the proclamation by
which it was called together."
Which point of order, the President ruled well taken.
Following a point of inquiry to the President, with resultant
response thereto,
Senator Sprouse then appealed the ruling of the Chair, and on
this question, Senator Chafin demanded the yeas and nays.
Following discussion and points of inquiry to the President,
with resultant response thereto,
The question being "Shall the Chair be sustained?"
Prior to the call of the roll, Senator Tomblin (Mr. President)
was excused from voting under rule number forty-three of the Rules
of the Senate.
On this question, the yeas were: Bailey, Bowman, Chafin,
Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Unger and White--22.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Harrison, McKenzie, Minear, Sprouse, Weeks and Yoder--11.
Absent: None.
Excused from voting: Tomblin (Mr. President)--1.
So, a majority of those present and voting having voted in the
affirmative, the President declared the Chair sustained.
Thereafter, on motion of Senator Chafin, the resolution (S. C.
R. No. 402) was referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 406, Providing that the fourth Thursday and
Friday of November are "Thanksgiving Holidays", and combining
Lincoln's Birthday and Washington's Birthday into a single holiday
known as Presidents' Day to match the federal holiday.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed House Bill No. 406 pass?"
On the passage of the bill, the yeas were: Bailey, Bowman,
Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso,
Sharpe, White and Tomblin (Mr. President)--21.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Harrison,
Lanham, McKenzie, Minear, Sprouse, Unger, Weeks and Yoder--13.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 406) passed.
On motion of Senator Bailey, the following amendment to the
title of the bill 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. House Bill No. 406--A Bill to amend and reenact §2-2-1 of
the Code of West Virginia, 1931, as amended, relating to state
holidays; providing that the fourth Thursday and Friday of November
shall be legal holidays; combining Lincoln's and Washington's
birthdays into a single Presidents' Day holiday.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Chafin,
Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--23.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Harrison,
McKenzie, Minear, Sprouse, Weeks and Yoder--11.
Absent: None.
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. 406) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Boley, and by unanimous
consent, the remarks by Senators Weeks and Caruth as to the passage
of Engrossed House Bill No. 406 were ordered printed in the Appendix
to the Journal.
At the request of Senator Yoder, unanimous consent being
granted, the remarks by Senator Sprouse as to the passage of
Engrossed House Bill No. 406 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 recessed until 2 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 September 7, 2005,
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, Consolidated Public Retirement Board, Paul
Hardesty, Holden, Logan County, for the term ending June 30, 2005.
2. For Member, Consolidated Public Retirement Board, Drema
Evans, Beckley, Raleigh County, for the term ending June 30, 2005.
3. For Member, Manufactured Housing Construction and Safety
Board, Steven B. Solomon, Morgantown, Monongalia County, for the
term ending June 30, 2010.
4. For Member, Board of Education, Jenny N. Phillips, Elkins,
Randolph County, for the term ending November 4, 2007.
5. For Member, Natural Resources Commission, Gus C. Svokas,
Weirton, Hancock County, for the term ending June 30, 2008.
6. For Member, Board of Architects, Jeffry Kreps, Charleston,
Kanawha County, for the term ending June 30, 2008.
7. For Member, Board of Architects, Gregory A. Williamson,
Huntington, Cabell County, for the term ending June 30, 2009.
8. For Member, Election Commission, William N. Renzelli,
Anmoore, Harrison County, for the term ending June 4, 2011.
9. For Member, Election Commission, Robert Rupp, Buckhannon,
Upshur County, for the term ending June 4, 2011.
10. For Member, Election Commission, Cindy Smith, Putnam
County, for the term ending June 4, 2011.
11. For Member, Education Commission of the States, Charles E. Bayless, Montgomery, Fayette County, to serve at the will and
pleasure of the Governor.
12. For Member, Board of Pharmacy, Carl Hedrick, Elkins,
Randolph County, for the term ending June 30, 2010.
13. For Member, Board of Pharmacy, Robert Childers,
Huntington, Cabell County, for the term ending June 30, 2008.
14. For Member, Board of Treasury Investments, Jack Rossi,
Charleston, Kanawha County, for the term ending June 30, 2009.
15. For Member, Board of Treasury Investments, Martin Glasser,
Charleston, Kanawha County, for the term ending June 30, 2007.
16. For Member, Regional Jail and Correctional Facility
Authority, Dr. Vic Wood, Valley Grove, Ohio County, for the term
ending June 30, 2009.
17. For Member, Regional Jail and Correctional Facility
Authority, Stephen G. Jory, Elkins, Randolph County, for the term
ending June 30, 2009.
18. For Member, Parole Board, Crystal Lynn Love, Fayetteville,
Fayette County, for the term ending June 30, 2011.
19. For Member, Industrial Council, Richard Slater,
Charleston, Kanawha County, for the term ending June 30, 2007.
20. For Member, Industrial Council, Dan Marshall, Parkersburg,
Wood County, for the term ending June 30, 2008.
21. For Member, Industrial Council, Bill Dean, Wheeling, Ohio County, for the term ending June 30, 2008.
22. For Member, Industrial Council, Charles Bayless,
Montgomery, Fayette County, for the term ending June 30, 2009.
23. For Member, Industrial Council, Walt Pellish,
Shepherdstown, Jefferson County, for the term ending June 30, 2009.
24. For Member, PROMISE Scholarship Board of Control, Barbara
Myers, Morgantown, Monongalia County, for the term ending February
24, 2009.
25. For Member, PROMISE Scholarship Board of Control, Nancy
West, Follansbee, Brooke County, for the term ending February 24,
2008.
26. For Member, PROMISE Scholarship Board of Control, Linda
Morgan, Bridgeport, Harrison County, for the term ending February
24, 2006.
27. For Member, PROMISE Scholarship Board of Control, Helen
Harris, Martinsburg, Berkeley County, for the term ending February
24, 2007.
28. For Member, PROMISE Scholarship Board of Control, Albert
Martine, Daniels, Raleigh County, for the term ending February 24,
2007.
29. For Member, PROMISE Scholarship Board of Control, Kellie
Wright, Huntington, Cabell County, for the term ending February 24,
2009.
30. For Member, PROMISE Scholarship Board of Control, John
Shott, Bluefield, Mercer County, for the term ending February 24,
2006.
31. For Member, Board of the College Prepaid Tuition and
Savings Program, The Honorable Thais Blatnik, Wheeling, Ohio County,
for the term ending June 30, 2007.
32. For Member, Board of the College Prepaid Tuition and
Savings Program, Martin J. Gargano, South Charleston, Kanawha
County, for the term ending June 30, 2009.
33. For Member, Consolidated Public Retirement Board, S. C.
Tucker, South Charleston, Kanawha County, for the term ending June
30, 2010.
34. For Member, Governor's Advisory Council for Educational
Technology, Bill Burrell, Wheeling, Ohio County, for the term ending
April 10, 2006.
35. For Member, Governor's Advisory Council for Educational
Technology, Lori Dillard, Eleanor, Putnam County, for the term
ending April 10, 2006.
36. For Member, Governor's Advisory Council for Educational
Technology, Joseph Robertson, Clintonville, Greenbrier County, for
the term ending April 10, 2007.
37. For Member, Governor's Advisory Council for Educational
Technology, Stan Maynard, Huntington, Cabell County, for the term ending April 10, 2007.
38. For Member, Governor's Advisory Council for Educational
Technology, Susan Day Perrot, Morgantown, Monongalia County, for the
term ending April 10, 2008.
40. For Member, Governor's Advisory Council for Educational
Technology, Lydotta Taylor, Morgantown, Monongalia County, for the
term ending April 10, 2008.
41. For Member, Governor's Advisory Council for Educational
Technology, Chris Wood, St. Albans, Kanawha County, for the term
ending April 10, 2008.
42. For Member, Governor's Advisory Council for Educational
Technology, Wallace Boston, Charles Town, Jefferson County, for the
term ending April 10, 2008.
43. For Member, Governor's Advisory Council for Educational
Technology, Robby Queen, Stollings, Logan County, for the term
ending April 10, 2007.
44. For Member, Governor's Advisory Council for Educational
Technology, Jamie Gaucher, Charleston, Kanawha County, for the term
ending April 10, 2007.
45. For Member, Governor's Advisory Council for Educational
Technology, Dennis Taylor, Charleston, Kanawha County, for the term
ending April 10, 2006.
46. For Member, Governor's Advisory Council for Educational Technology, Lowell Johnson, Lewisburg, Greenbrier County, for the
term ending April 10, 2006.
47. For Member, Public Employees Insurance Agency Finance
Board, Joe Smith, Charleston, Kanawha County, for the term ending
June 30, 2008.
48. For Member, Public Employees Insurance Agency Finance
Board, Mike Garrison, Huntington, Cabell County, for the term ending
June 30, 2005.
49. For Member, Public Employees Insurance Agency Finance
Board, Bill Ilhenfeld, Wheeling, Ohio County, for the term ending
June 30, 2008.
50. For Member, Natural Resources Commission, Jeffrey S.
Bowers, Sugar Grove, Pendleton County, for the term ending June 30,
2012.
51. For Member, Nursing Home Administrators Licensing Board,
Dr. Shirley Neitch, Huntington, Cabell County, for the term ending
June 30, 2010.
52. For Member, Nursing Home Administrators Licensing Board,
Gary Fragale, Princeton, Mercer County, for the term ending June 30,
2011.
53. For Member, Nursing Home Administrators Licensing Board,
Beverly Jezioro, Flemington, Taylor County, for the term ending June
30, 2008.
54. For Member, Nursing Home Administrators Licensing Board,
Herman Haupstein, Fairmont, Marion County, for the term ending June
30, 2009.
55. For Member, Nursing Home Administrators Licensing Board,
Lou Serra, Weirton, Hancock County, for the term ending June 30,
2008.
56. For Member, Nursing Home Administrators Licensing Board,
Angela Booker, Beckley, Raleigh County, for the term ending June 30,
2010.
57. For Member, Public Energy Authority, Ike Morris,
Glenville, Gilmer County, for the term ending April 1, 2009.
58. For Member, Public Energy Authority, The Honorable Mike
Ross, Coalton, Randolph County, for the term ending April 1, 2007.
59. For Member, Public Energy Authority, Joe Freeland, New
Martinsville, Wetzel County, for the term ending April 1, 2008.
60. For Member, Public Energy Authority, Allen Tweddle,
Charleston, Kanawha County, for the term ending April 1, 2006.
61. For Member, Tourism Commission, Randy Worls, Wheeling,
Ohio County, for the term ending May 1, 2008.
62. For Member, Tourism Commission, Joseph Manchin IV,
Fairmont, Marion County, for the term ending May 1, 2008.
63. For Member, Tourism Commission, Ron Marcus, Charles Town,
Jefferson County, for the term ending May 1, 2008.
64. For Chairman, Tourism Commission, Scott Rotruck,
Morgantown, Monongalia County, for the term ending May 1, 2008.
65. For Member, Probable Cause Review Board, Brad Crouser,
Charleston, Kanawha County, for the term ending June 30, 2006.
66. For Member, Probable Cause Review Board, Holmes Morrison,
Charleston, Kanawha County, for the term ending June 30, 2007.
67. For Member, Probable Cause Review Board, Dan Guida,
Weirton, Hancock County, for the term ending June 30, 2008.
68. For Director, Division of Protective Services, C. R.
Smithers, Glen Morgan, Raleigh County, to serve at the will and
pleasure of the Governor.
69. For Chairman, Public Service Commission, Jon W. McKinney,
Charleston, Kanawha County, for the term ending June 30, 2011.
70. For Commissioner, Bureau of Senior Services, Dr. Sandra
K. Vanin, Morgantown, Monongalia County, to serve at the will and
pleasure of the Governor.
71. For Member, West Virginia University Board of Governors,
The Honorable Mark A. Manchin, Welch, McDowell County, for the term
ending June 30, 2006.
72. For Member, West Virginia University Board of Governors,
John T. Mattern, Fairmont, Marion County, for the term ending June
30, 2009.
73. For Member, West Virginia University Board of Governors, Dr. Thomas Samuel Clark, Bruceton Mills, Preston County, for the
term ending June 30, 2009.
74. For Member, West Virginia University Board of Governors,
Parry Petroplus, Morgantown, Monongalia County, for the term ending
June 30, 2009.
75. For Member, Ethics Commission, The Honorable Larry Rowe,
Charleston, Kanawha County, for the term ending June 30, 2009.
76. For Member, Ethics Commission, The Honorable Jack
Buckalew, Charleston, Kanawha County, for the term ending June 30,
2009.
77. For Member, Ethics Commission, Charles Logan, Martinsburg,
Berkeley County, for the term ending June 30, 2010.
78. For Member, Ethics Commission, R. Kemp Morton III,
Huntington, Cabell County, for the term ending June 30, 2009.
79. For Member, Ethics Commission, John Turak, Moundsville,
Marshall County, for the term ending June 30, 2009.
80. For Chief Executive Officer, Center for Professional
Development, Dr. Patricia Styles Kusimo, Cross Lanes, Kanawha
County, to serve at the will and pleasure of the Governor.
81. For Member, Environmental Quality Board, William H.
Gillespie, Charleston, Kanawha County, for the term ending June 30,
2010.
82. For Member, Environmental Quality Board, James Van Gundy, Elkins, Randolph County, for the term ending June 30, 2009.
83. For Member, Marshall University Board of Governors,
Virginia King, Poca, Putnam County, for the term ending June 30,
2009.
84. For Member, Marshall University Board of Governors,
Michael J. Farrell, Huntington, Cabell County, for the term ending
June 30, 2009.
85. For Member, Marshall University Board of Governors, A.
Michael Perry, Huntington, Cabell County, for the term ending June
30, 2009.
86. For Member, Real Estate Appraiser Licensing and
Certification Board, Barbara Argabrite, Vienna, Wood County, for the
term ending June 30, 2007.
87. For Member, Real Estate Appraiser Licensing and
Certification Board, Neil Patel, Vienna, Wood County, for the term
ending June 30, 2007.
88. For Member, Real Estate Appraiser Licensing and
Certification Board, Timothy W. Helmick, Cross Lanes, Kanawha
County, for the term ending June 30, 2007.
89. For Member, Real Estate Appraiser Licensing and
Certification Board, Mike Jones, Farmington, Marion County, for the
term ending June 30, 2008.
90. For Member, Real Estate Appraiser Licensing and Certification Board, Scott Barber, Huntington, Cabell County, for
the term ending June 30, 2007.
91. For Member, Manufactured Housing Construction and Safety
Board, Gary Shaw, Fairmont, Marion County, for the term ending June
30, 2010.
92. For Member, Education and State Employees Grievance Board,
Edgar Morano, Wheeling, Ohio County, for the term ending June 30,
2007.
93. For Member, Education and State Employees Grievance Board,
Cam Lewis, Daniels, Raleigh County, for the term ending June 30,
2006.
94. For Member, Fairmont State University Board of Governors,
Andy Kniceley, Fairmont, Marion County, for the term ending June 30,
2009.
95. For Member, Education and State Employees Grievance Board,
David K. Hendrickson, Charleston, Kanawha County, for the term
ending June 30, 2008.
96. For Member, Purchase of Commodities and Services from the
Handicapped, Pete Cuffaro, Wheeling, Ohio County, for the term
ending January 31, 2007.
97. For Member, Purchase of Commodities and Services from the
Handicapped, Jan Smith, Fairmont, Marion County, for the term ending
January 31, 2007.
98. For Member, Purchase of Commodities and Services from the
Handicapped, Brenda Bates Morford, Hurricane, Putnam County, for the
term ending January 31, 2007.
99. For Member, Purchase of Commodities and Services from the
Handicapped, Donna Lipscomb, Charleston, Kanawha County, for the
term ending January 31, 2007.
100. For Member, Purchase of Commodities and Services from the
Handicapped, John Liller, Huntington, Cabell County, for the term
ending January 31, 2007.
101. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Scott Sherman, Old Fields, Hardy County,
for the term ending June 30, 2009.
102. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Kolin Jan, Ridgeley, Mineral County, for
the term ending June 30, 2009.
103. For Director, Division of Homeland Security and Emergency
Management, James J. Gianato, Kimball, McDowell County, to serve at
the will and pleasure of the Governor.
104. For Member, Center for Professional Development Board,
Janie Merandino, Fairmont, Marion County, for the term ending June
30, 2006.
105. For Member, Center for Professional Development Board,
Kenneth D. Heiney, Elizabeth, Wirt County, for the term ending June 30, 2006.
106. For Member, Center for Professional Development Board,
Lori Stilley, Charles Town, Jefferson County, for the term ending
June 30, 2007.
107. For Member, Center for Professional Development Board,
David Copenhaver, Hurricane, Putnam County, for the term ending June
30, 2007.
108. For Member, Center for Professional Development Board, Tom
Midkiff, Fraziers Bottom, Putnam County, for the term ending June
30, 2007.
109. For Member, Center for Professional Development Board,
Victoria Smith, Huntington, Cabell County, for the term ending June
30, 2006.
And,
A letter from the President of the Senate and the Speaker of
the House of Delegates, dated September 7, 2005, requesting
confirmation by the Senate of the nominations mentioned therein.
The following names are submitted:
1. For Judge, Court of Claims, George F. Fordham, Clarksburg,
Harrison County, for an unexpired term ending June 30, 2009.
2. For Judge, Court of Claims, Robert B. Sayre, Beckley,
Raleigh County, for the term ending June 30, 2011.
And reports the same back with the recommendation 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, and legislative nominations submitted by
the President of the Senate and the Speaker of the House of
Delegates, as required by Chapter 14, Article 2, Section 4 of the
Code of West Virginia, the special order thereon was called by the
President.
Thereupon, Senator Tomblin (Mr. President) laid before the
Senate the following executive message and letter from the President
of the Senate and the Speaker of the House of Delegates:
Senate Executive Message No. 1, dated September 7, 2005 (shown
in the Senate Journal of that day, pages 12 through 25, inclusive);
And,
A letter from the President of the Senate and the Speaker of
the House of Delegates, dated September 7, 2005 (shown in the Senate
Journal of that day, pages 11 and 12).
Senator Chafin then moved that the Senate advise and consent
to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations and that the legislative
nominations of George F. Fordham, as Judge, Court of Claims, and
Robert B. Sayre, as Judge, Court of Claims, be confirmed.
On motion of Senator Bailey, Senator Chafin's motion was
amended to provide that the nomination of Crystal Lynn Love to the
Parole Board (being nomination number 18 in Executive Message No.
1) and Timothy W. Helmick to the Real Estate Appraiser Licensing and
Certification Board (being nomination number 88 in Executive Message
No. 1) be considered separately.
The question being on the adoption of Senator Chafin's motion,
as amended,
The roll was then taken; and
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Chafin's
motion, as amended, had prevailed.
Senator Bailey then moved that the nomination of Crystal Lynn
Love to the Parole Board (being nomination number 18 in Executive
Message No. 1) be confirmed.
Prior to the call of the roll, Senator Love 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, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: None.
Excused from voting: Love--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Bailey's
motion had prevailed and the nomination of Crystal Lynn Love to the
Parole Board had been confirmed.
Senator Bailey then moved that the nomination of Timothy W.
Helmick to the Real Estate Appraiser Licensing and Certification
Board (being nomination number 88 in Executive Message No. 1) be confirmed.
Prior to the call of the roll, Senator Helmick 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, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: None.
Excused from voting: Helmick--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Bailey's
motion had prevailed and the nomination of Timothy W. Helmick to the
Real Estate Appraiser Licensing and Certification Board had been
confirmed.
__________
Consideration of executive and legislative nominations having
been concluded,
The Senate resumed business under the fourth order.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 4013 (originating in the
Committee on the Judiciary), Amending certain provisions of the code
involving horse and dog racing; distribution of certain proceeds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 4013 (originating
in the Committee on Finance)--A Bill to amend and reenact §19-23-9,
§19-23-13b and §19-23-13c of the Code of West Virginia, 1931, as
amended; and to amend and reenact §29-22A-10b of said code, all
relating to amending certain provisions of the code involving horse
and dog racing and distribution of certain proceeds; providing
special funds, to be established by the Racing Commission, to be
used for the payment of breeders' awards, restrictive races and
stakes purses; deleting obsolete provisions; deleting the stated
objective for the Fund to aid in the rejuvenation and development
of horse tracks in the state for capital improvements and other
purposes; providing that the Commission establish funds and accounts
for each association and licensee rather than holding funds in
deposit in one fund; deleting current provisions concerning the
distribution of balances remaining in breeders, raisers, sire owners and purse supplement funds; clarifying the meaning of the phrase
"sufficient horses" for purposes of pari-mutuel thoroughbred horse
tracks' provision of restricted races; providing that the
requirement increasing certain purses in restricted races is only
applicable to thoroughbred racetracks that have participated in the
West Virginia Thoroughbred Development Fund for more than four
consecutive years; providing the Racing Commission may transfer
funds back to the general purse fund if less than seventy-five
percent of the restricted races fail to receive enough entries;
deleting the provision that prohibits associations and licensees who
qualify for alternate tax provisions contained in subsection (b),
section ten, article twenty-three, chapter nineteen of this code
from eligibility for treatment under the provisions of section
thirteen-b of said article; providing that on the first day of
January, two thousand six, licensed racing associations must have
a West Virginia Thoroughbred Racing Breeders' Program; clarifying
disbursement of funds for the benefit of the West Virginia Breeders'
Classic; requiring Racing Commission to conduct a study of the
adequacy of funding of certain thoroughbred development funds and
requiring a report thereon to the Legislature; allowing for
different uses of thoroughbred development funds by thoroughbred
racing tracks based upon differences in circumstance; deleting
provisions of the Racetrack Video Lottery Act exempting certain licensees from paying into the thoroughbred and greyhound breeders'
funds; increasing maximum amount from the general purse fund for
purposes of restricted races for the thoroughbred racetrack which
participated in the Thoroughbred Development Fund for at least four
consecutive years prior to the thirty-first day of December, one
thousand nine hundred ninety-two; and making technical corrections
and providing reversion of racetrack video lottery excess net
terminal income diverted from the racetrack purse funds to Workers'
Compensation Debt Reduction Fund pursuant to Enrolled Senate Bill
No. 1004 which took effect the twenty-ninth day of January, two
thousand five, to revert to racetrack purse after a total amount of
eleven million dollars of net terminal income and excess net
terminal income has been diverted each fiscal year from the purse
funds to the workers' compensation debt.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 4013)
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 Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Bowman, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr.
President)--26.
The nays were: Barnes, Boley, Caruth, Guills, Harrison,
Minear, Sprouse and Weeks--8.
Absent: None.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 413, Providing an increase
in the annual base salary of all sworn state police personnel.
And has amended same.
Now on second reading, having been received as a House message,
which message was taken up for immediate consideration, the bill
read a first time, ordered to second reading and then referred to the Committee on Finance in prior proceedings today;
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 (Eng. Com. Sub. for H. B. No. 413) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration.
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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill 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 four, section five, by striking out all of lines forty-
three through fifty-seven and inserting in lieu thereof the
following:
Cadet During Training $2,331.00 Mo. $27,972
Cadet Trooper After Training 2,734.00 Mo. 32,808
Trooper Second Year 33,272
Trooper Third Year 33,644
Trooper Fourth & Fifth Year 33,944
Senior Trooper 36,032
Trooper First Class 38,020
Corporal 40,208
Sergeant 44,384
First Sergeant 46,472
Second Lieutenant 48,560
First Lieutenant 50,648
Captain 52,736
Major 54,724
Lieutenant Colonel 56,012;
On page five, section five, by striking out all of lines sixty-
nine through seventy-six and inserting in lieu thereof the
following:
I 33,944
II 36,032
III 38,020
IV 40,208
V 44,384
VI 46,472
VII 48,560
VIII 50,648;
And,
On page six, section five, by striking out all of lines eighty-
six through ninety-two and inserting in lieu thereof the following:
I 33,944
II 36,032
III 38,020
IV 40,208
V 44,384
VI 46,472
VII 48,560
VIII 50,648.
On motion of Senator Yoder, the following amendment to the bill
(Eng. Com. Sub. for H. B. No. 413) was next reported by the Clerk:
On page ten, section five, after line one hundred sixty-three,
by adding the following:
(j) Each member of the West Virginia State Police who resides
in a county in which the average monthly mortgage payment upon
residential property is equal to or greater than seven hundred
thirty-five dollars as determined by the Bureau of Census of the
United States Department of Commerce in the taking of the two
thousand census of population shall receive an annual housing
allowance supplement to be determined according to the following:
Average Monthly Mortgage Housing Allowance Supplement
$735.00 to $745.00 $ 300.00
$745.01 to $760.00 600.00
$760.01 to $790.00 900.00
$790.01 to $820.00 1,200.00
$820.01 to $850.00 l,500.00
$850.01 to $890.00 l,800.00
$890.01 to $930.00 2,100.00
$930.01 and above 2,400.00
The payments shall be made in equal monthly installments and shall
be considered a part of the state minimum salaries for members of
the State Police: Provided, That any housing allowance supplement
that a member of the State Police is entitled to receive as a result
of the enactment of this section shall not be paid until the first
pay date after the first day of November, two thousand five.
The question being on the adoption of Senator Yoder's amendment to the bill, and on this question, Senator Yoder demanded the yeas
and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Deem, Guills, Harrison, Minear, Oliverio, Sprouse, Unger, Weeks and
Yoder--12.
The nays were: Bailey, Bowman, Chafin, Dempsey, Edgell,
Facemyer, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Plymale, Prezioso, Sharpe,
White and Tomblin (Mr. President)--22.
Absent: None.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Yoder's amendment
to the bill (Eng. Com. Sub. for H. B. No. 413) rejected.
On motion of Senator Love, the following amendment to the bill
was next reported by the Clerk:
On page ten, after section five, by adding the following:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§50-1-8. Magistrate court clerks; salaries; duties; duties of
circuit clerk.
(a) In each county having three or more magistrates the judge
of the circuit court or the chief judge of the circuit court, if
there is more than one judge of the circuit court, shall appoint a magistrate court clerk. In all other counties the judge may appoint
a magistrate court clerk or may by rule require the duties of the
magistrate court clerk to be performed by the clerk of the circuit
court, in which event the circuit court clerk is entitled to
additional compensation in the amount of two thousand five hundred
dollars per year. The magistrate court clerk serves at the will and
pleasure of the circuit judge.
(b) Magistrate court clerks shall be paid a monthly salary by
the state. Magistrate court clerks serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to one thousand seven hundred forty-eight dollars per month and
magistrate court clerks serving magistrates who serve eight thousand
four hundred or more in population shall be paid up to two thousand
one hundred fifty-seven dollars per month: Provided, That on and
after Commencing the first day of January July, two thousand two
six, magistrate court clerks serving magistrates who serve less than
eight thousand four hundred in population shall be paid up to one
thousand nine hundred ninety-eight two thousand five hundred forty-
five dollars per month and magistrate court clerks serving
magistrates who serve eight thousand four hundred or more in
population shall be paid up to two thousand four hundred seven two
thousand nine hundred fifty-four dollars per month: Provided,
however, That after the effective date of this section, any general salary increase granted to all state employees, whose salaries are
not set by statute, expressed as a percentage increase or an
"across-the-board" increase, may also be granted to magistrate court
clerks. For the purpose of determining the population served by
each magistrate, the number of magistrates authorized for each
county shall be divided into the population of each county. The
salary of the magistrate court clerk shall be established by the
judge of the circuit court, or the chief judge of the circuit court
if there is more than one judge of the circuit court, within the
limits set forth in this section.
(c) In addition to other duties that may be imposed by the
provisions of this chapter or by the rules of the Supreme Court of
Appeals or the judge of the circuit court or the chief judge of the
circuit court if there is more than one judge of the circuit court,
it is the duty of the magistrate court clerk to establish and
maintain appropriate dockets and records in a centralized system for
the magistrate court, to assist in the preparation of the reports
required of the court and to carry out on behalf of the magistrates
or chief magistrate if a chief magistrate is appointed, the
administrative duties of the court.
(d) The magistrate court clerk, or if there is no magistrate
court clerk in the county, the clerk of the circuit court, may issue
all manner of civil process and require the enforcement of subpoenas and subpoenas duces tecum in magistrate court.
§50-1-9. Magistrate assistants; salary; duties.
(a) In each county there shall be one magistrate assistant for
each magistrate. Each magistrate assistant shall be appointed by
the magistrate under whose authority and supervision and at whose
will and pleasure he or she shall serve. The assistant shall not
be a member of the immediate family of any magistrate and shall not
have been convicted of a felony or any misdemeanor involving moral
turpitude and shall reside in the State of West Virginia. For the
purpose of this section, "immediate family" means the relationships
of mother, father, sister, brother, child or spouse.
(b) A magistrate assistant shall have the duties, clerical or
otherwise, assigned by the magistrate and prescribed by the rules
of the Supreme Court of Appeals or the judge of the circuit court
or the chief judge of the circuit court if there is more than one
judge of the circuit court. In addition to these duties, magistrate
assistants shall perform and are accountable to the magistrate court
clerks with respect to the following duties:
(1) The preparation of summons in civil actions;
(2) The assignment of civil actions to the various magistrates;
(3) The collection of all costs, fees, fines, forfeitures and
penalties which are payable to the court;
(4) The submission of moneys, along with an accounting of the moneys, to appropriate authorities as provided by law;
(5) The daily disposition of closed files which are to be
located in the magistrate clerk's office;
(6) All duties related to the gathering of information and
documents necessary for the preparation of administrative reports
and documents required by the rules of the Supreme Court of Appeals
or the judge of the circuit court or the chief judge of the circuit
court if there is more than one judge of the circuit court;
(7) All duties relating to the notification, certification and
payment of jurors serving pursuant to the terms of this chapter;
(8) All other duties or responsibilities whereby the magistrate
assistant is accountable to the magistrate court clerk as determined
by the magistrate.
(c) Magistrate assistants shall be paid a monthly salary by the
state. Magistrate assistants serving magistrates who serve less
than eight thousand four hundred in population shall be paid up to
one thousand four hundred seventy-four dollars per month and
magistrate assistants serving magistrates who serve eight thousand
four hundred or more in population shall be paid up to one thousand
seven hundred thirty-two dollars per month: Provided, That on and
after Commencing the first day of January July, two thousand two
six, magistrate assistants serving magistrates who serve less than
eight thousand four hundred in population shall be paid up to one thousand seven hundred twenty-four two thousand two hundred seventy-
one dollars per month and magistrate assistants serving magistrates
who serve eight thousand four hundred or more in population shall
be paid up to one thousand nine hundred eighty-two two thousand five
hundred twenty-nine dollars per month: Provided, however, That
after the effective date of this section, any general salary
increase granted to all state employees, whose salaries are not set
by statute, expressed as a percentage increase or an "across-
the-board" increase, may also be granted to magistrate assistants.
For the purpose of determining the population served by each
magistrate, the number of magistrates authorized for each county
shall be divided into the population of each county. The salary of
the magistrate assistant shall be established by the magistrate
within the limits set forth in this section.
The question being on the adoption of Senator Love's amendment
to the bill (Eng. Com. Sub. for H. B. No. 413).
Following discussion,
Senator Helmick arose to a point of order that Senator Love's
amendment was not germane to the bill.
Which point of order, the President ruled well taken.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
413) 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 413) passed with its title.
Senator Chafin moved that the bill take effect November 1,
2005.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 413) takes effect November 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
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. 4014, Making supplementary appropriation
to Lottery Commission, Excess Lottery Revenue Fund Surplus.
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 five, by striking out the words "From the
above appropriation for Unclassified - Total - Transfer, fund 7208"
and inserting in lieu thereof the words "From the above
appropriation for Unclassified - Transfer, fund 7208".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 4014, as amended by the House of
Delegates, was then 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 4014) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
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. 4014) 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. 4015, Supplementing, amending, reducing
and increasing items of existing appropriation from Department of
Agriculture, Fees 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. 4016, Making supplementary appropriation
to Department of Agriculture, Agricultural Land Protection
Authority.
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. 4017, Supplementing, amending, reducing
and increasing items of existing appropriations from State Fund,
General Revenue, to Division of Human Services and Higher Education
Policy Commission.
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. Com. Sub. for House Bill No. 411--A Bill
to amend and
reenact §19-23-9, §19-23-13b and §19-23-13c of the Code of West
Virginia, 1931, as amended; and to amend and reenact §29-22A-10b of
said code, all relating to amending certain provisions of the code
involving horse and dog racing and distribution of certain proceeds;
providing special funds, to be established by the Racing Commission,
to be used for the payment of breeders' awards, restrictive races
and stakes purses; deleting obsolete provisions; deleting the stated
objective for the Fund to aid in the rejuvenation and development
of horse tracks in the state for capital improvements and other
purposes; providing that the Commission establish funds and accounts
for each association and licensee rather than holding funds in
deposit in one fund; deleting current provisions concerning the
distribution of balances remaining in breeders and raisers, sire
owners and purse supplement funds; clarifying the meaning of the
phrase "sufficient horses" for purposes of pari-mutuel thoroughbred
horse tracks' provision of restricted races; providing that the
requirement increasing certain purses in restricted races is only
applicable to thoroughbred racetracks that have participated in the
West Virginia Thoroughbred Development Fund for more than four
consecutive years; providing the Racing Commission may transfer
funds back to the general purse fund if less than seventy-five percent of the restricted races fail to receive enough entries;
deleting the provision that prohibits associations and licensees who
qualify for alternate tax provisions contained in subsection (b),
section ten, article twenty-three, chapter nineteen of said code
from eligibility for treatment under the provisions of section
thirteen-b of said article; providing that on the first day of
January, two thousand six, licensed racing associations must have
a West Virginia Thoroughbred Racing Breeders' Program; clarifying
disbursement of funds for the benefit of the West Virginia Breeders'
Classic; requiring Racing Commission to conduct a study of the
adequacy of funding of certain thoroughbred development funds and
requiring a report thereon to the Legislature; allowing for
different uses of thoroughbred development funds by thoroughbred
racing tracks based upon differences in circumstance; deleting
provisions of the Racetrack Video Lottery Act exempting certain
licensees from paying into the thoroughbred and greyhound breeders
funds; increasing maximum amount from the general purse fund for
purposes of restricted races for the thoroughbred racetrack which
participated in the Thoroughbred Development Fund for at least four
consecutive years prior to the thirty-first day of December, one
thousand nine hundred ninety-two; making technical corrections and
providing reversion of racetrack video lottery excess net terminal
income diverted from the racetrack purse funds to Workers' Compensation Debt Reduction Fund pursuant to Enrolled Senate Bill
No. 1004 which took effect the twenty-ninth day of January, two
thousand five, to revert to racetrack purse after a total amount of
eleven million dollars of net terminal income and excess net
terminal income has been diverted to each fiscal year from the purse
funds to the workers' compensation debt.
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.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Bowman, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr.
President)--26.
The nays were: Barnes, Boley, Caruth, Guills, Harrison,
Minear, Sprouse and Weeks--8.
Absent: None.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
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. Com. Sub. for House Bill No. 412--A Bill
to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section,
designated §23-2C-24; and to amend and reenact §23-2D-4 of said
code, all relating generally to Workers' Compensation; authorizing
the Governor to condition the transfer of certain funds to the New
Fund administered by the successor to the Workers' Compensation
Commission upon repayment of the funds under surplus note or other
loan arrangement; allowing additional flexibility in terms and
method for issuance of workers' compensation debt reduction revenue
bonds; and allowing use of derivative products to reduce debt
service costs and manage interest rate exposure.
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,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
412) 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,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 412) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 412) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of meetings of standing committees of the
Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
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. Com. Sub. for House Bill No. 414--A Bill supplementing and
amending chapter sixteen, acts of the Legislature, regular session,
two thousand five, as amended, known as the budget bill, all supplementing and amending the appropriations, as specified herein,
with all necessary adjustments of increase (all other items and
language of appropriations of such funds, as set forth in the budget
bill, to remain unchanged and unaffected) and new appropriations
provided for by this legislation for the fiscal year ending the
thirtieth day of June, two thousand six.
At the request of Senator Chafin, and by unanimous consent, the
message was taken up for immediate consideration, the bill was read
a first time, ordered to second reading, and then referred to the
Committee on Finance.
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. 4007, Relating generally to consumers sales and
use taxes on food.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 4007) 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.
The Senate proceeded to the thirteenth order of business.
Senator Facemyer called attention to today being the birthday
of the senator from Mason and on behalf of the Senate extended
felicitations and good wishes to Senator Lanham, with Senator Sharpe
leading the members in singing "Happy Birthday".
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, September 13, 2005, at 11 a.m.
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