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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2006
FIRST DAY
____________

Charleston, W. Va., Tuesday, June 13, 2006

Pursuant to the proclamation of His Excellency, the Governor, the Honorable Joe Manchin III, dated the thirteenth day of June, two thousand six, convening the seventy-seventh Legislature of West Virginia in extraordinary session today (Tuesday, June 13, 2006), 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 5 o'clock p.m., 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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President).
Twenty-nine members having answered to their names, the President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, convening the Legislature in extraordinary session, which was read by the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority vested in me by Section 7, Article VII of the Constitution of West Virginia, do hereby call the Legislature of West Virginia to convene in Extraordinary Session at five o'clock p.m. on the thirteenth day of June, two thousand six, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following matters:
FIRST:Certain supplementary appropriation bills.
SECOND:Legislation establishing the Child Protection Act of 2006; providing for legislative findings; providing for the submission of information to the sex offender registry; requiring reporting of certain changes in sex offender registry information; providing for disclosure of certain information by sex offender registry under certain circumstances and restrictions thereon; providing for the submission of sexual offense information to the State Police; providing for fines and terms of incarceration for failure to properly register with the sex offender registry; providing for fines and terms of incarceration for assisting sex offenders in evading registration; providing for periodic reporting and verification of sex offender information; authorizing certain coded driver's licenses and nondriver identification cards for certain sex offenders; providing for fines and terms of incarceration for failure to comply with driver's license and nondriver identification card requirements; restricting contractors and service providers convicted of certain offenses from accessing school grounds; authorizing disclosure of information by central abuse registry; authorizing county school boards to share information; establishing a task force to study correctional facilities specifically limited to sex offenders; providing for increased terms of incarceration for first degree sexual assault and first degree sexual abuse in certain circumstances; eliminating eligibility for probation, home incarceration and alternative sentences for certain sex offenders; providing for increased terms of incarceration for certain sex offenses committed by certain recidivist sex offenders; establishing supervised release requirements for sexually violent offenders; providing for conditions on probation eligibility; authorizing the Secretary of the Department of Health and Human Resources to propose rules related to the treatment of certain sex offenders; providing for terms of incarceration for violation of supervised release; providing for polygraph examinations for certain sex offenders; establishing a task force to develop measures aimed at managing sexually violent predators released from confinement; providing for extended supervision for certain offenders; providing for electronic monitoring of certain sex offenders; providing for terms of incarceration for tampering with or destroying electronic monitoring devices; authorizing the Division of Corrections to perform prerelease risk assessments of certain offenders; creating a special unit within the State Police specializing in child abuse and neglect investigations; establishing statistical indices related to child abuse and neglect; and providing for the creation of a state child abuse and neglect registry.
THIRD:Legislation providing for the authority of Chief Technology Officer to bill state spending units for evaluations performed and technical assistance provided.
FOURTH:Legislation providing for salary adjustments for certain appointive state officers in the event of vacancies in such offices.
FIFTH:Legislation increasing the maximum amount that may be transferred from the Unclaimed Property Trust Fund to the Prepaid Tuition Escrow Fund to one million dollars annually.
SIXTH:Legislation relating to the confidentiality of circuit court records involving guardian proceedings.
SEVENTH:Legislation relating to surplus administrative funds of the State Lottery Commission; creating a special construction account and authorizing the construction of a new state office building.
EIGHTH:Certain ceremonial and memorial resolutions.
NINTH:Legislation authorizing the Jefferson County Parks and Recreation Commission to convey certain parcels of real estate.
TENTH:Legislation relating to the study of the development of wind-powered electric generation facilities and providing for a moratorium on the issuance of siting certificates for certain wind- powered electric generation facilities.
ELEVENTH:Legislation relating to certain one-time supplements to retirement benefits; clarifying the amount and effective date for the one-time supplement to retirement benefits for certain annuitants under the Public Employees Retirement Act; and clarifying the effective date for the one-time supplement to retirement benefits for certain annuitants under the State Teachers Retirement System.
TWELFTH:Legislation relating to service credit for certain temporary legislative employees for retirement purposes and providing for the reemployment of certain retirants under certain restrictions without suspension of retirement annuity.
THIRTEENTH:Legislation to authorize and appropriate the expenditure of public moneys to pay the expenses of this extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, this the thirteenth day of June, in the year of our Lord, Two Thousand Six, 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. 101--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 Dempsey, Jenkins and Harrison.
Subsequently, Senator Dempsey, 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 Stemple, Stalnaker and Hall, 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. 102--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 Guills.
A message from the House of Delegates, by
Delegates Paxton, Frederick and Leggett, 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. 102. 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.
Senator Tomblin (Mr. President) presented a communication from the Department of Health and Human Resources, submitting its annual Youth Services report, in accordance with chapter forty-nine, article five-b, section seven 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 West Virginia Health Insurance Plan, submitting its annual report as required by chapter thirty-three, article forty-eight, section two of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
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

June 13, 2006

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 Executive Director, Public Energy Authority, Paul Hardesty, Holden, Logan County, to serve at the will and pleasure of the Governor.
2.For Member, Board of Barbers and Cosmetologists, Justina Gabbert, Martinsburg, Berkeley County, for the term ending June 30, 2007.
3.For Member, Board of Landscape Architects, Roger Kennedy, St. Albans, Kanawha County, for the term ending June 30, 2008.
4.For Member, Board of Landscape Architects, R. Todd Schoolcraft, Elkview, Kanawha County, for the term ending June 30, 2007.
5.For Member, Board of Landscape Architects, Michael Biafore, Fairmont, Marion County, for the term ending June 30, 2006.
6.For Member, Commission for the Deaf and Hard-of-Hearing, Dr. Charles Abraham, Huntington, Cabell County, for the term ending June 30, 2008.
7.For Member, Commission for the Deaf and Hard-of-Hearing, Charles Godfrey, Martinsburg, Berkeley County, for the term ending June 30, 2008.
8.For Member, Commission for the Deaf and Hard-of-Hearing, George Martin Blakely, Romney, Hampshire County, for the term ending June 30, 2007.
9.For Member, Commission for the Deaf and Hard-of-Hearing, John Knisely, Charleston, Kanawha County, for the term ending June 30, 2008.
10.For Member, Commission for the Deaf and Hard-of-Hearing, Pierre Sevingy, Romney, Hampshire County, for the term ending June 30, 2008.
11.For Member, Commission for the Deaf and Hard-of-Hearing, Jim Ennis, Rivesville, Monongalia County, for the term ending June 30, 2008.
12.For Member, Fire Commission, Charles Eversole, Hedgesville, Berkeley County, for the term ending June 30, 2009.
13.For Member, Fire Commission, Bill Spencer, Clarksburg, Harrison County, for the term ending June 30, 2010.
14,For Member, Fire Commission, Larry Goodwin, Vienna, Wood County, for the term ending June 30, 2010.
15.For Member, Fire Commission, John Bailey, Parkersburg, Wood County, for the term ending June 30, 2009.
16.For Member, Board of Registration for Foresters, Cinda Francis, Ripley, Jackson County, for the term ending June 30, 2010.
17.For Member, Real Estate Commission, Carol Pugh, Beckley, Raleigh County, for the term ending June 30, 2009.
18.For Commissioner, Bureau of Employment Programs, Ron Radcliff, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
19.For Member, Housing Development Fund, J. D. Stricklen, Blue Creek, Kanawha County, for the term ending October 30, 2007.
20.For Member, Women's Commission, Betty Ramsey, Charleston, Kanawha County, for the term ending June 30, 2006.
21.For Member, Parkways, Economic Development and Tourism Authority, Mike Vinciguerra, Bluefield, Mercer County, for the term ending May 31, 2014.
22.For Member, Ohio River Valley Water Sanitation Commission, Ronald Potesta, Charleston, Kanawha County, for the term ending June 30, 2010.
23.For Director, Geological and Economic Survey, Michael E. Hohn, Westover, Monongalia County, to serve at the will and pleasure of the Governor.
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.
On motion of Senator Love, consideration of the nominations immediately hereinbefore reported was made a special order of business for tomorrow, Wednesday, June 14, 2006, at 11 a.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. 1001--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-1I-1 and §15-1I-2; to amend said code by adding thereto a new section, designated §15-2-15; to amend and reenact §15-2C-2 of said code; to amend and reenact §15-12-2, §15-12-3, §15-12-5, §15-12-8, §15-12-9 and §15-12-10 of said code; to amend said code by adding thereto a new section, designated §15-12-6a; to amend said code by adding thereto a new article, designated §15-13- 1, §15-13-2, §15-13-3, §15-13-4, §15-13-5, §15-13-6, §15-13-7 and §15-13-8; to amend and reenact §17B-2-3 of said code; to amend and reenact §18-5-15c of said code; to amend said code by adding thereto a new section, designated §25-1-22; to amend said code by adding thereto a new section, designated §49-6A-11; to amend and reenact §61-8B-3 and §61-8B-7 of said code; to amend said code by adding thereto two new sections, designated §61-8B-9a and §61-8B- 9b; to amend said code by adding thereto a new article, designated §62-11D-1, §62-11D-2 and §62-11D-3; to amend said code by adding thereto a new article, designated §62-11E-1, §62-11E-2 and §62-11E-3; to amend and reenact §62-12-2 and §62-12-26 of said code; and to amend said code by adding thereto a new section, designated §62-12-27, all relating to establishing the Child Protection Act of 2006; setting forth legislative findings; creating a special unit within the State Police specializing in child abuse and neglect investigations; requiring state and local entities to report information to the unit; authorizing legislative and procedural rules; creating special account in State Treasury; requiring the reporting of information to the sex offender registry; requiring reporting of certain changes in sex offender information to sex offender registry; providing for the distribution and disclosure of information by the sex offender registry in certain circumstances; setting forth which information is ineligible for release by the sex offender registry; providing for the provision of information to the sex offender registry by the judiciary and agencies; providing for fines and terms of incarceration for failure to properly register with the sex offender registry and for assisting sex offenders in evading registration; providing for periodic verification of information by the sex offender registry; requiring periodic in-person reporting by sex offenders; establishing the child abuse and neglect registry; providing for procedures; requiring certain individuals convicted of child abuse or neglect to register and report changes in information; providing for the distribution and disclosure of information from the child abuse and neglect registry; providing for fines and terms of incarceration for persons who fail to properly register; providing for inclusion of information from the child abuse and neglect registry in the central abuse registry; providing for the creation and maintenance of statistical indices of child abuse and neglect allegations and convictions; mandating coded driver's licenses or nondriver identification cards for sexually violent predators; providing for fines and terms of incarceration for failure to comply with license and identification card requirements; prohibiting contractors and service providers convicted of certain offenses from accessing school grounds; authorizing individual county school boards to require verification of criminal history and to share said information with other county school boards; providing for the disclosure of information by the central abuse registry; setting an effective date; establishing a task force to study correctional facilities specifically for sex offenders; providing for increased terms of incarceration for sexual assault and sexual abuse in certain circumstances; eliminating eligibility for probation, home incarceration and alternative sentences for certain sex offenders; providing for increased terms of incarceration for certain subsequent sex offenses committed by certain recidivist sex offenders; definitions; providing for polygraph examinations as a condition of supervision for certain probationers, parolees or those on supervised release; providing for electronic monitoring of certain sex offenders on probation, parole and supervised release; providing for term of incarceration for tampering with or destroying an electronic monitoring device; establishing a task force to develop measures aimed at managing sexually violent predators released from confinement; setting forth legislative findings and intent; requiring a report to the Legislature and Governor; requiring public hearings; providing for conditions on probation eligibility; providing for extended supervision for certain offenders; providing for supervised release requirements for certain sex offenders; addressing terms of incarceration for violation of supervised release; authorizing the Secretary of Health and Human Resources to propose rules and emergency rules for legislative approval; and providing for prerelease risk assessments of certain offenders.
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. 1002--A Bill to amend and reenact §29-22-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-10 of said code; and to amend and reenact §29-22B-1408 of said code, all relating to surplus administrative funds of the State Lottery Commission; creating a special construction account; and authorizing the construction of a new state office building.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1003--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to the study of the development of wind-powered electric generation facilities generally; and initiating a moratorium on the issuance of siting certificates for certain wind-powered electric generation facilities.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1004--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, as contained in chapter two hundred three, Acts of the Legislature, regular session, two thousand six, relating to salary adjustments for certain appointive state officers in the event of vacancies in such offices.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1005--A Bill to amend and reenact §5-10-22i of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-26t of said code, all relating to one-time supplements to retirement benefits for certain annuitants; clarifying the amount and effective date for the one-time supplement to retirement benefits for certain annuitants under the Public Employees Retirement Act; and clarifying the effective date for the one-time supplement to retirement benefits for certain annuitants under the State Teachers Retirement System.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1006--A Bill to amend and reenact §36-8-13 of the Code of West Virginia, 1931, as amended, relating to unclaimed property; and increasing the maximum amount that may be transferred from the Unclaimed Property Trust Fund to the Prepaid Tuition Escrow Fund to one million dollars annually.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1007--A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Chief Technology Officer; and providing for the authority to bill state spending units for evaluations performed and technical assistance provided by the Chief Technology Officer.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1008--A Bill to amend and reenact §44-10-3 of the Code of West Virginia, 1931, as amended, relating to confidentiality of circuit court records involving guardianship of minors.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1009--A Bill to amend and reenact §5-10-14 and §5-10-48 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System generally; providing service credit for certain temporary legislative employees for retirement purposes; and providing for the reeemployment of certain retirants under certain restrictions without suspension of retirement annuity.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1010--A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Division of Natural Resources, fund 3267, fiscal year 2006, organization 0310, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand six.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1011--A Bill supplementing, amending, reducing and increasing items of the existing appropriation from the State Fund, Lottery Net Profits, to the Bureau of Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2007, organization 0508, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand seven.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1012--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, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand six.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1013--A Bill supplementing, amending and increasing items of the existing appropriation from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2007, organization 0803, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1014--A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the State Fund, General Revenue, to the Department of Military Affairs and Public Safety - Division of Veterans' Affairs, fund 0456, fiscal year 2007, organization 0613, to the Judicial - Supreme Court - General Judicial, fund 0180, fiscal year 2007, organization 2400, to the Department of Administration - Department of Administration - Office of the Secretary, fund 0186, fiscal year 2007, organization 0201, to the Department of Administration - Consolidated Public Retirement Board, fund 0195, fiscal year 2007, organization 0205, to the Department of Administration - Public Defender Services, fund 0226, fiscal year 2007, organization 0222, to the Department of Commerce - Division of Forestry, fund 0250, fiscal year 2007, organization 0305, to the Department of Commerce - Geological and Economic Survey, fund 0253, fiscal year 2007, organization 0306, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2007, organization 0307, to the Department of Commerce - Division of Labor, fund 0260, fiscal year 2007, organization 0308, to the Department of Commerce - Division of Natural Resources, fund 0265, fiscal year 2007, organization 0310, to the Department of Commerce - Department of Commerce - Office of the Secretary, fund 0606, fiscal year 2007, organization 0327, to the Department of Education and the Arts - Department of Education and the Arts - Office of the Secretary, fund 0294, fiscal year 2007, organization 0431, to the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year 2007, organization 0432, to the Department of Education and the Arts - Library Commission, fund 0296, fiscal year 2007, organization 0433, to the Department of Education and the Arts - Educational Broadcasting Authority, fund 0300, fiscal year 2007, organization 0439, to the Department of Education and the Arts - State Board of Rehabilitation - Division of Rehabilitation Services, fund 0310, fiscal year 2007, organization 0932, to the Department of Environmental Protection - Division of Environmental Protection, fund 0273, fiscal year 2007, organization 0313, to the Department of Health and Human Resources - Department of Health and Human Resources - Office of the Secretary, fund 0400, fiscal year 2007, organization 0501, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2007, organization 0506, to the Department of Health and Human Resources - Consolidated Medical Service Fund, fund 0525, fiscal year 2007, organization 0506, to the Department of Health and Human Resources - Human Rights Commission, fund 0416, fiscal year 2007, organization 0510, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2007, organization 0511, to the Department of Military Affairs and Public Safety - Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2007, organization 0601, to the Department of Military Affairs and Public Safety - Division of Corrections - Central Office, fund 0446, fiscal year 2007, organization 0608, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2007, organization 0608, to the Department of Military Affairs and Public Safety - West Virginia State Police, fund 0453, fiscal year 2007, organization 0612, to the Department of Military Affairs and Public Safety - Division of Veterans' Affairs, fund 0456, fiscal year 2007, organization 0613, to the Department of Military Affairs and Public Safety - Fire Commission, fund 0436, fiscal year 2007, organization 0619, to the Department of Military Affairs and Public Safety - Division of Juvenile Services, fund 0570, fiscal year 2007, organization 0621, to the Department of Revenue - Office of the Secretary, fund 0465, fiscal year 2007, organization 0701, to the Department of Revenue - Tax Division, fund 0470, fiscal year 2007, organization 0702, to the Department of Transportation - State Rail Authority, fund 0506, fiscal year 2007, organization 0804, to the Department of Transportation - Aeronautics Commission, fund 0582, fiscal year 2007, organization 0807, to Higher Education - West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2007, organization 0420, and to Higher Education - Higher Education Policy Commission - System - Control Account, fund 0586, fiscal year 2007, organization 0442, by supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the budget bill.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1015--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 Fund, General Revenue, to the Department of Administration - Consolidated Public Retirement Board, fund 0195, fiscal year 2006, organization 0205, to the Department of Administration - Division of General Services, fund 0230, fiscal year 2006, organization 0211, to the Department of Administration - Public Defender Services, fund 0226, fiscal year 2006, organization 0221, to the Department of Administration - Public Employees Insurance Agency, fund 0200, fiscal year 2006, organization 0225, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, to the Department of Commerce - Division of Miners' Health, Safety and Training, fund 0277, fiscal year 2006, organization 0314, to the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year 2006, organization 0432, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2006, organization 0506, to the Department of Health and Human Resources - Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2006, organization 0511, to the Department of Military Affairs and Public Safety - Office of Emergency Services, fund 0443, fiscal year 2006, organization 0606, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2006, organization 0608, to the Department of Military Affairs and Public Safety - West Virginia State Police, fund 0453, fiscal year 2006, organization 0612, to the Department of Revenue - Tax Division, fund 0470, fiscal year 2006, organization 0702, to Higher Education - West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2006, organization 0420, and to Higher Education - Higher Education Policy Commission - System - Control Account, fund 0586, fiscal year 2006, organization 0442, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand six.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1016--A Bill supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the budget bill, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand seven.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 1017--A Bill supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the budget bill, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand seven.
Referred to the Committee on Finance.
Senators Oliverio, Hunter, Kessler, Bowman, Prezioso, Sharpe, Minard and Chafin offered the following resolution:
Senate Concurrent Resolution No. 101--Requesting the Division of Highways name the bridge on I-68 at milepost 3.22, spanning Route 64/1 in Monongalia County, the "Jack Fleming Memorial Bridge".
Whereas, Leo W. "Jack" Fleming was a statewide legend as the "Voice of the Mountaineers" from 1947 to 1996; and
Whereas, Jack Fleming was born in Morgantown and was a graduate of West Virginia University; and
Whereas, Jack Fleming served with distinction as a United States Air Corps navigator during World War II and flew 23 combat missions; and
Whereas, Jack Fleming began his broadcasting career at Ashford Military Hospital at the Greenbrier Resort and later became a broadcaster for the West Virginia University Mountaineers, the Pittsburgh Steelers and the Chicago Bulls; and
Whereas, Jack Fleming was one of the great sports broadcasters of his generation and his talents were recognized on many occasions through awards at the state and national level, including being named seven-time West Virginia Broadcaster of the Year; receiving West Virginia University's Order of Vandalia for outstanding service to the state and West Virginia University in 1995, the Gene Morehouse Award from the West Virginia Sportswriters in 1996 and the Chris Schenkel Award from the College Football Hall of Fame for his lifetime contributions to the profession and the sport in 1999; and being inducted into the West Virginia University Sports Hall of Fame in 2001; and
Whereas, Jack Fleming passed away in 2001, leaving behind a rich legacy of service to the State of West Virginia and to West Virginia University and it is only fitting that he be so honored and remembered; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on I-68 at milepost 3.22, spanning Route 64/1 in Monongalia County, the "Jack Fleming Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Jack Fleming 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 the family of the late Jack Fleming.
At the request of Senator Chafin, 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, 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.
Senators Weeks and Bailey offered the following resolution:
Senate Concurrent Resolution No. 102--Requesting the Department of Administration name the state office building on Neville Street in Beckley, Raleigh County, the "Clarence W. Meadows Building".
Whereas, Clarence W. Meadows of Beckley, Raleigh County, was born February 11, 1904, the son of Isadore and Ida Meadows; and
Whereas, Clarence W. Meadows established a law practice in Beckley in 1928 and was elected to the West Virginia House of Delegates, serving from 1931 to 1932; and
Whereas, The Honorable Clarence W. Meadows was elected Raleigh County prosecuting attorney and served in that position from 1933 to 1936; and
Whereas, The Honorable Clarence W. Meadows served as Attorney General of West Virginia from 1937 to 1942; and
Whereas, In 1942, the Honorable Clarence W. Meadows was appointed judge of the Tenth Judicial Circuit; and
Whereas, In 1944, the Honorable Clarence W. Meadows was elected as West Virginia's twenty-second Governor and served from 1945 to 1949; and
Whereas, During his tenure as Governor, the Honorable Clarence W. Meadows was devoted to bringing West Virginia's economy back to peacetime conditions after World War II. He was instrumental in mediating a number of labor disputes during his term. More than any of his predecessors, he used radio to convey his message to the people of West Virginia; and
Whereas, After leaving office, Governor Clarence W. Meadows opened a law practice in Charleston, engaged in oil and gas ventures and held interests in three radio stations. In later years, he moved to Fort Lauderdale, Florida, and was active in that state's politics; and
Whereas, Sadly, the Honorable Clarence W. Meadows died September 12, 1961, in Clifton Forge, Virginia, leaving behind numerous worthwhile projects conceived and executed by him for the betterment of his beloved state of West Virginia; and
Whereas, It is fitting that a lasting tribute be made to the memory of the Honorable Clarence W. Meadows, former West Virginia Governor, prominent attorney and distinguished West Virginian; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Administration to name the state office building located on Neville Street in Beckley, Raleigh County, the "Clarence W. Meadows Building"; 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 Administration and the Governor of West Virginia.
At the request of Senator Chafin, 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, 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.
Senators Love, Unger, Jenkins, Prezioso, Yoder, Chafin, Minard, Lanham, Minear, Tomblin (Mr. President), Fanning, Guills, Caruth, Sharpe, Dempsey, Weeks, Foster, Facemyer, White, Helmick, McKenzie, Plymale and Oliverio offered the following resolution:
Senate Concurrent Resolution No. 103--Requesting the Division of Highways name the section of U. S. Route 16 beginning at the exit ramp near Fayette County Route 19/29 and continuing in a northerly direction to the entrance ramp of U. S. Route 19, Corridor L, the "Hank Williams, Sr., Memorial Road".
Whereas, Hank Williams, Sr., traveled over the section of U. S. Route 16 beginning at Glen Jean, Fayette County, and ending in 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 section of U. S. Route 16 beginning at the exit ramp near Fayette County Route 19/29 and continuing in a northerly direction to the entrance ramp of U. S. Route 19, Corridor L, 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.
At the request of Senator Chafin, 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, 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.
Senators Facemyer, Lanham, Tomblin (Mr. President), Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Yoder offered the following resolution:
Senate Resolution No. 103--Memorializing the life of the Honorable Robert L. Dittmar, Sr., former city councilman, mayor, state senator, dedicated public servant and distinguished West Virginian.
Whereas, Robert L. Dittmar, Sr., was born December 18, 1931, in Fayette County, the son of Louis and Ruby Dittmar; and
Whereas, Robert L. Dittmar, Sr., received his education from West Virginia Institute of Technology; and
Whereas, Robert L. Dittmar, Sr., served his nation with pride and distinction in the United States Army, 101st Airborne Division, during the Korean War; and
Whereas, Robert L. Dittmar, Sr., a former insurance agent with State Farm Insurance Company, served his community in a number of elected capacities, including 16 years as a member of the Ravenswood City Council and six years as mayor of Ravenswood, Jackson County; and
Whereas, Robert L. Dittmar, Sr., began his public service to the citizens of the State of West Virginia with his election to the Senate from the fifth Senatorial District in 1988 where he served until 2000; and
Whereas, During his tenure as a member of the Senate, the Honorable Robert L. Dittmar, Sr., served as Chairman of the Senate Committee on Natural Resources and as a member of the Senate committees on Agriculture, Banking and Insurance, Judiciary, Military, Transportation and Interstate Cooperation; and
Whereas, The Honorable Robert L. Dittmar, Sr., also served his community as a member of the Ravenswood Development Authority and the Jackson General Hospital Board of Directors. He was a proud member of such civic organizations as the Veterans of Foreign Wars, Post 6669, the Ravenswood American Legion, Post 118, and the Ashton Lodge 12, AF&AM. He was also a member and former President of the Ravenswood Lions Club; and
Whereas, The Honorable Robert L. Dittmar, Sr., a big fan of local sports, was a proud member of the Ravenswood Little League Baseball program and for many years he was known as the voice of the Ravenswood Red Devils football team; and
Whereas, Sadly, on May 25, 2006, the Honorable Robert L. Dittmar, Sr., passed away, leaving behind his loving wife, Mary Carolyn Pondek Dittmar, daughter Demetria Dittmar Gaster of Dunn, North Carolina, and son Robb Dittmar of Independence; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable Robert L. Dittmar, Sr., former city councilman, mayor, state senator, dedicated public servant and distinguished West Virginian; and, be it
Further Resolved, That the Senate hereby extends its sincere sympathy to the family and friends of the Honorable Robert L. Dittmar, Sr.; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the late Honorable Robert L. Dittmar, Sr.
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 7 p.m. tonight.
Night Session
Upon expiration of the recess, the Senate reconvened and again 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. House Bill No. 104--A Bill to amend and reenact §36-8-13 of the Code of West Virginia, 1931, as amended, relating to unclaimed property; and increasing the maximum amount that may be transferred from the Unclaimed Property Trust Fund to the Prepaid Tuition Escrow Fund to one million dollars annually.
Referred to the Committee on Finance.
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. 107--A Bill to authorize the Jefferson County Parks and Recreation Commission to transfer ownership of certain properties owned by the Commission.
Referred to the Committee on Finance.
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. 109--A Bill to amend and reenact §5-10-22i of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-26t of said code, all relating to one-time supplements to retirement benefits for certain annuitants; establishing the amount and eligibility date for the one-time supplement to retirement benefits for certain annuitants under the Public Employees Retirement Act; and establishing the eligibility date for the one-time supplement to retirement benefits for certain annuitants under the State Teachers Retirement System.
Referred to the Committee on Finance.
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
Eng. Senate Bill No. 1001, Establishing Child Protection Act of 2006.
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. 1001) 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 amendments from the Committee on the Judiciary pending.
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. 1010, Making supplemental appropriation to Division of Natural Resources.
Senate Bill No. 1011, Supplementing, amending, reducing and increasing items from State Fund to Bureau of Senior Services.
Senate Bill No. 1013, Supplementing, amending and increasing items of existing appropriations from State Fund to Department of Transportation, Division of Highways.
Senate Bill No. 1016, Supplementing and amending chapter six, Acts of Legislature, 2006, to Teachers' Retirement System.
And,
Senate Bill No. 1017, Supplementing and amending chapter six, Acts of Legislature, 2006, to various departments.
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, Senate Bill No. 1010 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.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Yoder--5.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1010 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Yoder--5.
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. 1010) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Yoder--5.
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. 1010) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 1011 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.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Yoder--5.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1011 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Yoder--5.
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. 1011) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Yoder--5.
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. 1011) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 1013 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.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Yoder--5.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1013 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Boley, Deem, Edgell and McCabe--4.
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. 1013) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Boley, Deem, Edgell and McCabe--4.
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. 1013) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 1016 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.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Boley, Deem, Edgell and McCabe--4.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1016 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Boley, Deem, Edgell and McCabe--4.
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. 1016) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Boley, Deem, Edgell and McCabe--4.
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. 1016) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 1017 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.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Boley, Deem, Edgell and McCabe--4.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1017 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Boley, Deem, Edgell and McCabe--4.
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. 1017) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Boley, Deem, Edgell and McCabe--4.
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. 1017) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, June 14, 2006, at 11 a.m.
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