WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2006


____________

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 fourth 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.
____________

WEDNESDAY, JUNE 14, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Steve Harrison, a senator from eighth district.
Pending the reading of the Journal of Tuesday, June 13, 2006,
On motion of Senator Minard, 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 nominations) was postponed and made a special order of business following an anticipated recess.
At the request of Senator Chafin, and by unanimous consent, the Senate proceeded to the seventh order of business.
Senate Resolution No. 103, Memorializing life of Honorable Robert L. Dittmar, Sr., former Senator.
On unfinished business, coming up in regular order, was reported by the Clerk.
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.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened.
On motion of Senator Love, the special order of business set for this position on the calendar (consideration of executive nominations) was postponed and made a special order of business following an anticipated recess.
Without objection, the Senate returned to the third order of business.
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. 101--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 hero 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 for the 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. 102--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 requested to provide a certified copy of this resolution for the Commissioner of the West Virginia Division of Highways, for Melanie Dragan, for Jon and Melanie's daughter, Melissa, and for their son, Josh.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
On motion of Senator Unger, the following amendments to the resolution were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the tenth Whereas clause, by striking out the words "the access road State Route 25 from Glen Jean to Thurmond" and inserting in lieu thereof the words "Hawks Nest Road off Route 60 in Ansted leading to the riverfront parking center below Hawks Nest State Park";
On page three, after the Resolved clause, by striking out the words "State Route 25 from Glen Jean to Thurmond" and inserting in lieu thereof the words "Hawks Nest Road off Route 60 in Ansted leading to the riverfront parking center below Hawks Nest State Park";
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
House Concurrent Resolution No. 102--Requesting the West Virginia Division of Highways to name Hawks Nest Road off Route 60 in Ansted leading to the riverfront parking center below Hawks Nest State Park in Fayette County the "Jon Dragan Road".
The question being on the adoption of the resolution (H. C. R. No. 102), as amended, 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.
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. 103--Requesting the Division of Highways to name the bridge numbered 1.13 over Slab Fork Creek on State Route 54 the "Lieutenant William P. Patton Memorial Bridge" and the bridge numbered 1.25 over Slab Fork Creek, both being in Mullens, West Virginia, the "Captain Charles H. Feller Memorial Bridge".
Whereas, Lieutenant Patton, 1939, and Captain Feller, 1938, were both graduates of Mullens High School. The Mullens High School National Honor Society adopted its name as the "Feller- Patton National Honor Society" after learning of their being killed in action during World War II; and
Whereas, Lieutenant William "Bill" Patton was an outstanding football and basketball player at Mullens High School. After graduation, he attended V. P. I. at Blacksburg, Virginia, beginning in 1939 and commissioned as a Second Lieutenant upon graduation in 1943; and
Whereas, After a year of training, he was assigned to the U. S. Army 106th Infantry Division. In May, 1944, he sailed for Europe and joined the Third Army in southern France under the command of General George S. Patton. In December of 1944, with the Third Army, "Bill" Patton was promoted to First Lieutenant when the 106th Division went to Luxembourg and Belgium during the "Battle of the Bulge"; and
Whereas, On December 19, 1944, a German 88 shell explosion wounded First Lieutenant "Bill" Patton. Before being discharged from the hospital, Lt. Patton volunteered to return to his division; and
Whereas, Lt. William P. Patton was awarded the Silver Star for outstanding bravery when, as company commander, he lead his company in an advance to relieve Americans surrounded at the City of Bastogne; and
Whereas, On December 26, 1944, Lt. William P. Patton was killed by a German bullet while leading his company across a snow- covered field in Belgium; and
Whereas, Upon graduation from Mullens High School, Captain Charles H. Feller enrolled in the College of Engineering with West Virginia University where, after completing his junior year, he received a civilian pilot training lesson at the Morgantown Airport; and
Whereas, In August of 1941, Charles H. Feller enlisted in the Army Air Corps "Flying Cadet" pilot training before the United States entered World War II and before he was old enough to register for the draft; and
Whereas, On March 1, 1942, Charles H. Feller completed his pilot training, received his wings and was commissioned as a Second Lieutenant two weeks before he turned the age of 21; and
Whereas, As a fighter pilot of a P-40, Charles H. Feller was sent with his group to Panama and Guatemala and, upon returning to the United States, was promoted to First Lieutenant and helped train and form a fighter group flying the P-47 "Thunderbird"; and
Whereas, In January of 1944, Charles H. Feller sailed for Europe and joined the 8th Air Force, where he was promoted to Captain and became Commander of the 375th Fighter Squadron; and
Whereas, While escorting bombers as a fighter pilot, Captain Charles H. Feller was accredited with shooting down three German airplanes and disabling two on the ground; and
Whereas, Charles H. Feller was awarded with two Air Medals and the Distinguished Flying Cross; and
Whereas, On April 27, 1944, Captain Feller's plane was hit by a German ground-fired shell while strafing an airfield 30 miles south of Paris, France; and
Whereas, Captain Feller was reported to have been given an "honorable military funeral" by the German Air Force prior to being buried in a civilian cemetery near the town of Etamps, France; and
Whereas, Captain Feller's body was later brought home and buried in Arlington National Cemetery and is believed to be the highest ranking soldier from Wyoming County that was killed during World War II; therefore, be it Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered 1.13 over Slab Fork Creek on State Route 54 the "Lieutenant William P. Patton Memorial Bridge" and the bridge numbered 1.25 over Slab Fork Creek, both being in Mullens, West Virginia, the "Captain Charles H. Feller Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridges signs identifying them as the "Lieutenant William P. Patton Memorial Bridge" and the "Captain Charles H. Feller Memorial Bridge", respectively; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to prepare a certified copy of this resolution for the Secretary of the Department of Transportation and the remaining family of the heroes of this resolution.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 104--Requesting the Division of Highways name the bridge located on State Route 46 in Keyser, West Virginia, the "Staff Sergeant Jonah Edward Kelley Bridge".
Whereas, On the twenty-third day of April, one thousand nine hundred twenty-three, Jonah Kelley was born and raised in Keyser, West Virginia; and
Whereas, Jonah Kelley served with the three hundred eleventh Infantry of the United States seventy-eighth Infantry Division in World War II; and
Whereas, On the thirty-first day of January, one thousand nine hundred forty-five, Staff Sergeant Kelley was fatally wounded after leading his company in attack on a German stronghold in the village of Kersternich, Germany; and
Whereas, Staff Sergeant Kelley showed superb courage, aggressiveness and disregard for his own safety, leading and inspiring his men even after being wounded; and
Whereas, Staff Sergeant Kelley, despite being mortally wounded, eliminated an enemy machine gun entrenchment ensuring the safety of his unit; and
Whereas, Staff Sergeant Kelley was awarded the Medal of Honor posthumously; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby names the bridge on State Route 46 in Keyser, West Virginia, the "Staff Sergeant Jonah Edward Kelley Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby requested to prepare a certified copy of this concurrent resolution for the Secretary of Transportation, the Commissioner of the Division of Highways and the West Virginia Veterans' Affairs Office and for the family of Staff Sergeant Jonah Edward Kelley.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 105--Requesting the Division of Highways name the bridge located on Corridor H, U. S. Route 33, spanning the Tygart Valley River at the county lines of Barbour and Randolph (Bridge #42-33-0.01), the "Michael A. 'Mikey' Hart Memorial Bridge".
Whereas, Michael A. "Mikey" Hart was born on June 26, 1972, in Elkins, Randolph County, West Virginia, the son of Michael L. Hart and Louise Simmons Hart. He was raised in nearby Belington, Barbour County, West Virginia, and graduated from Philip Barbour High School in 1990; and
Whereas, From his early childhood, Mikey Hart's passion was to be involved in the emergency and fire protection services, which did not surprise anyone since his father, grandfather and numerous uncles had served a combined 190 years providing emergency and fire protection services to the respective communities; and
Whereas, Upon receiving his education in public fire protection, Mikey Hart returned to his hometown of Belington and began serving as a volunteer firefighter for the Belington Volunteer Fire Department. Throughout his life Mikey Hart was committed to excelling at, and providing the highest quality of, fire protection and paramedic services to the communities in which he lived and worked. During the course of his career, Mikey Hart became certified not only as a paramedic, but also as a firefighter level three, as a fire officer and as a certified rescue scuba diver; and
Whereas, In 1993 Mikey Hart met the true passion of his life when he fell in love with Judith Ann Coberly. Mikey and Judy were married on September 9, 1995, following which were born to them two beautiful children, Kelsey Nicole Hart and Zachery Seth Hart, who are now 7 and 3 years old, respectively; and
Whereas, From 1996 to 2005, Mikey Hart served not only as a faithful and devoted husband and father, but also as an employee for the West Virginia cities of Clarksburg, Bridgeport and Elkins as a firefighter and paramedic; and
Whereas, During his life Mikey Hart not only took the opportunity to continually pursue education and training in the provision of emergency services, but he also relished the opportunity to teach and train others who shared his passion and zeal to excel at providing fire protection services. Mikey Hart served as an adjunct instructor for West Virginia University fire service extension, a RESA instructor teaching fire and rescue classes and was instrumental in developing the current truck company class that the West Virginia University fire service extension is presently teaching. Mikey Hart was also a HAZMAT tech where he was a member of West Virginia Regional Response Team and had participated in the making of the movie "Ladder 49". Mikey Hart simply led by example by becoming the best that he could be and encouraged others to do the same; and
Whereas, On the night of December 20, 2005, Mikey Hart was returning home on Rt. 250 North from Huttonsville, West Virginia, where he had just finished assisting his father in teaching a RESA class on Firefighter I, when a logging truck lost control and crossed the center line of the divided highway, striking Mikey Hart's vehicle head on, killing him instantly; and
Whereas, Because the untimely and premature death of Mikey Hart has been a tremendous loss for his family, the communities of Belington, Bridgeport, Clarksburg and Elkins and for the entire fire service protection communities across West Virginia, the West Virginia Legislature hereby declares that the life of Mikey Hart has served as an inspiration to all West Virginians to give to their communities more than they ever expect to get from them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge located on Corridor H, U. S. Route 33, spanning the Tygart Valley River at the county lines of Barbour and Randolph (Bridge #42-33-0.01), the "Michael A. 'Mikey' Hart 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 "Michael A. 'Mikey' Hart Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to prepare a certified copy of this resolution for Judith Ann Hart and the Secretary of the Department of Transportation.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 106--Requesting the Division of Highways name the bridge located at Howell's Mill near Ona, West Virginia, the "Rimmer-White Bridge".
Whereas, In 1850, Peter and "Lou" White settled along the right descending bank of the Mud River at the site of the new bridge. In 1911 Fielding and "Callie" Rimmer moved into a house on the other side of the river at the bridge site. Today many Rimmer and White descendants live on both sides of the river near the new bridge; and
Whereas, The families and residents of this area desire that this bridge be officially recognized as the Rimmer-White Bridge in honor of their contributions to this community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby names the bridge at Howell's Mill near Ona, West Virginia, in Cabell County, 2 miles north from Route 60 on Howell's Mill Road, County Route 1, and crosses Mud River in West Virginia, the "Rimmer-White Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to prepare a certified copy of this resolution for the Secretary of Transportation, the Commissioner of the Division of Highways and the West Virginia State Historic Preservation Office and for the families of Ruth Rimmer Markin and "Buddy" White.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 107--Requesting the Division of Highways to name the truss bridge at Midkiff, Lincoln County, the "Sanders Brothers Veterans Bridge".
Whereas, The brothers, Wetzel Sanders and Howard Sanders, are lifelong residents of Midkiff, Lincoln County, and represent the patriotic spirit of all the citizens of Lincoln County who have unselfishly and bravely served this country in the armed services in the time of war; and
Whereas, Wetzel Sanders was born July 25, 1923, in Midkiff, and is the only Pearl Harbor survivor in Lincoln County; and
Whereas, Wetzel Sanders served in both the United States Army and Marine Corps, including action in combat in Pearl Harbor, the Fiji Islands, Guadalcanal and Bougainville. He was awarded the American Defense Medal with three bronze battle stars and the World War II Victory Medal; and
Whereas, Wetzel Sanders is a member of the Veterans of Foreign Wars, the American Legion and a member of the Pearl Harbor Survivors Unit. He was instrumental in the renaming of I-77 north of Charleston, West Virginia, the "Pearl Harbor Survivor Highway". He attended the 60th Pearl Harbor reunion in Hawaii in 2000. He retired from the West Virginia Division of Highways and is currently transporting passengers for Tri River Transit at the age of 82. He is married to Kathleen; and
Whereas, Howard Sanders served in the United States Navy during World War II and fought in battles in Saipan, Guam, Palau, Titan and Leyte Gulf; and
Whereas, Howard Sanders was stationed on the aircraft carrier U. S. S. Kalinin Bay CVE 68. He received the American Area Ribbon, the Presidential Unit Badge, the Philippine Liberation with one battle star medal, the Asiatic-Pacific Area Ribbon, the Victory Medal, World War II medal and Philippine Republic Presidential Citation Badge. He is a retired businessman who still resides in Midkiff with his wife, Aileen; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the truss bridge at Midkiff, Lincoln County, West Virginia, the "Sanders Brothers Veterans Bridge"; 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 "Sanders Brothers Veterans Bridge" and to erect the sign at either end of the truss bridge at Midkiff, Lincoln County, West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the Commissioner of the Division of Highways and for the brothers, Wetzel Sanders and Howard Sanders.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 108--Requesting the Commissioner of the Division of Highways to name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the "Dewey Russell Crowder Bridge".
Whereas, Dewey Russell Crowder lived on Douglas Branch off Frame Road near Elkview at the time he entered the Army; and
Whereas, Dewey Russell Crowder was killed in action on November 22, 1944, near the Elbe River in Germany while serving with General George S. Patton's 3rd Army in World War II; and
Whereas, Dewey Russell Crowder was only 19 years old when he paid the ultimate price in defense of his country; and
Whereas, Dewey Russell Crowder and others like him who made the supreme sacrifice to preserve our country's freedom are worthy of our deepest gratitude and remembrance; and
Whereas, It is only fitting that the new bridge on Frame Road near Dewey Russell Crowder's childhood home be named in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the "Dewey Russell Crowder Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Dewey Russell Crowder Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the Commissioner of the Division of Highways and for the surviving family of Dewey Russell Crowder.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 109--Requesting the Division of Highways to name the bridge which exits Davis in Tucker County, located on Route 32, the "Thomas Patrick Memorial Bridge".
Whereas, Thomas P. Patrick, DDS, originally from Charleston, transplanted his roots to Davis in Tucker County where he lived the most significant portion of his life, prospering in business while exhibiting exceptional leadership attributes as a Boy Scout leader and board member of the Tucker Community Endowment Foundation; and
Whereas, Thomas P. Patrick, a devoted husband and father, lusted for life and was one of those most rare of individuals, achieving his greatest enjoyment by observing the happiness and well-being of others, while encouraging them to live their lives to the fullest extent; and
Whereas, Thomas P. Patrick's vivaciously optimistic persona remained remarkably resilient and intact, even to the end, after being stricken and consumed in the wretched throes of Lou Gehrig's disease; and
Whereas, It is a fitting tribute to the life and times of this indomitably free- and soaring-spirited man's legacy to name the bridge located on Route 32 in Davis, Tucker County, the "Thomas Patrick Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge which exits Davis in Tucker County, located on Route 32, be named the "Thomas Patrick Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways place signs at each entrance of that bridge containing in bold and prominent fashion, the words "The Thomas Patrick Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for Dr. Patrick's children, Erin, Keri, Anna and Matthew, for his beloved and surviving spouse, Donna, and for the Division of Highways.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 110--Requesting the Division of Highways name the bridge located at milepost 12.18 to 12.21 and located on Route 35 in the community of Red House, Putnam County, West Virginia, the "Ross Booth Memorial Bridge".
Whereas, Ross Booth worked as a carpenter and helped build this bridge which was completed in 1957; and
Whereas, Mr. Booth worked and helped construct many bridges located in the western section of Interstate 64; and
Whereas, On one of the bridge construction sites on Interstate 64, Mr. Booth was injured and unable to work again, and it ended his career as a carpenter; and
Whereas, In his honor, his family and friends would like to see this bridge in Putnam County be named the Ross Booth Memorial Bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route 35 in Red House, West Virginia, the "Ross Booth 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 "Ross Booth Memorial Bridge" on June 18, 2006, which would have been his 101st birthday; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the Secretary of the Department of Transportation and the family of Ross Booth.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 111--Requesting the Division of Highways to name the bridge at the intersection of U. S. 119 and West Virginia Route 36 in Spencer the "Veterans' Memorial Bridge".
Whereas, Citizens from Roane County, West Virginia, serving in the United States Army, Navy, Air Force, Marine Corps and Coast Guard have performed admirably, honorably and with distinction during their service to the nation; and
Whereas, The diligent efforts of members of the armed services have provided safety and security to the United States of America; and
Whereas, Members of the armed services have promoted freedom and democracy around the world and faithfully answered the call to resist aggressors; and
Whereas, In both times of peace and conflict, members of the armed services have consistently placed the welfare of the United States of America above personal need; and
Whereas, Members of the armed services have placed themselves in harm's way in defense of freedom, many giving what President Abraham Lincoln called "the last full measure of devotion"; and
Whereas, Since the time of the Revolutionary War, members of the armed services have secured the blessings of liberty for posterity; and
Whereas, A great debt of gratitude is owed to those who have served the United States of America in uniform with both diligence and pride; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge at the intersection of U. S. 119 and West Virginia Route 36 in Spencer the "Veterans' Memorial Bridge"; 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 "Veterans' Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to prepare a certified copy of this resolution for the Commissioner of the Division of Highways and the Director of the Division of Veterans' Affairs.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 112--Providing for naming West Virginia Route 2 from Chester in Hancock County to Huntington in Cabell County, the "Purple Heart Memorial Trail".
Whereas, The Purple Heart was established by General George Washington and is awarded to members of the armed forces of the United States who are wounded or killed in any action against an enemy; and
Whereas, West Virginian's have led the nation per capita in military service for the preservation of democracy, freedom, liberty and justice; and
Whereas, Many brave men and women from across the nation have been wounded while performing this most valuable community service; and
Whereas, States across the nation are designating portions of highways as part of a national Purple Heart Trail; and
Whereas, The West Virginia Legislature also wishes to honor our Purple Heart recipients, distinguished veterans and national heroes; therefore, be it
Resolved by the Legislature of West Virginia:
That West Virginia Route 2 from Chester in Hancock County to Huntington in Cabell County be named the "Purple Heart Memorial Trail"; 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 the "Purple Heart Memorial Trail" and to erect same along the section of West Virginia Route 2 from Chester in Hancock County to Huntington in Cabell County, West Virginia.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 113--Requesting the Division of Highways to name the bridge located on Corridor H in the City of Buckhannon, West Virginia, at the Main Street Exit the "Trooper J. D. 'Dave' Harris Memorial Bridge".
Whereas, Trooper J. D. "Dave" Harris of the Buckhannon Detachment of the West Virginia State Police died as a result of injury received in a two-vehicle accident on Route 20 just south of Buckhannon on July 11, 1985. Trooper Harris was answering a robbery-in-progress alarm in the Rock Cave area and collided head-on with a pickup truck; and
Whereas, Trooper "Dave" Harris was born in Richwood, West Virginia, on August 21, 1954, and enlisted in the Department of Public Safety on June 5, 1978. After graduating from the State Police Academy, he was assigned to the Buckhannon Detachment where he remained until November 15, 1983. At that time he resigned from the Department of Public Safety to accept employment with the Department of Corrections as Superintendent of Salem School for Youth. On March 15, 1984, he resigned this position and reenlisted in the Department and was again stationed at Buckhannon; and
Whereas, He was a very devoted church member and participated in many community functions, being especially interested in little league football as the assistant coach of the Buckhannon Cubs. He once told a local sportswriter that he felt that if he could spend enough time with the kids while they were young, it might reduce the possibility of having to deal with them professionally when they became adults; and
Whereas, "Dave", as he was known to his friends, was an avid sportsman. He enjoyed weightlifting and looked forward to the annual "Turkey Bowl" football games played in Harrison County. He played football like he did everything else, with intense desire and determination; and
Whereas, Trooper J. D. "Dave" Harris, an unsung and fallen hero of this state who served and protected its citizens, died before his time and is survived by his wife, Joyce Lee Angus Harris, daughter, Natalie Harris Hissam, grandsons, Trey David Hissam and Gavin Thomas Hissam, mother, Mildred Cochran, and father, Ottie Harris, and sister, Janie McDaniels, and brother, Tom Harris; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge located on Corridor H in the City of Buckhannon, West Virginia, at the Main Street Exit the "Trooper J. D. 'Dave' Harris Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to post signs thereon with words, printed in bold and prominent fashion, designating the bridge as the "Trooper J. D. 'Dave' Harris Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is requested to prepare a certified copy of this resolution for the Secretary of Transportation and the Commissioner of the Division of Highways and for the family of Trooper J. D. "Dave" Harris.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2006, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 101--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 of said code; to amend and reenact §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.
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, 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 (Eng. H. B. No. 101) was read a second time.
On motion of Senator Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page seventy-one, section two, lines fifteen and sixteen, by striking out the words "that serve at the will and pleasure of the Governor and are";
And,
On page seventy-one, section two, line sixteen, after the word "Governor" by inserting the words "with the advice and consent of the Senate".
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 101) 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 present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 101) passed.
On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one through four, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 101--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 enhancing government protection of children from abuse and neglect generally; 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; establishing duties of the unit; 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 that 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.
Senator Chafin moved that the bill take effect October 1, 2006.
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. H. B. No. 101) takes effect October 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 1004, Relating to salary adjustments for certain appointive state officers in event of vacancies.
Senate Bill No. 1012, Making supplemental appropriation to Lottery Commission, Excess Lottery Revenue Fund Surplus.
Eng. House Bill No. 104, 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.
Eng. House Bill No. 107, Local Bill -- Jefferson County Parks and Recreation Commission authorized to transfer ownership of certain properties.
And,
Eng. House Bill No. 109, Clarifying the amount and the effective date of certain one-time supplements to retirement benefits amended during the 2006 Regular Session.
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. 1004 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--29.
The nays were: Harrison--1.
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. 1004 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--27.
The nays were: Guills, Harrison and Weeks--3.
Absent: Boley, Deem, Edgell and McCabe--4.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1004) 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--27.
The nays were: Guills, Harrison and Weeks--3.
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. 1004) 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. 1012 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. 1012 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. 1012) 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. 1012) 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, Engrossed House Bill No. 104 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 third reading.
Having been engrossed, the bill (Eng. H. B. No. 104) 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 present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 104) 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. H. B. No. 104) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Helmick, unanimous consent being granted, Engrossed House Bill No. 107 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 third reading.
Having been engrossed, the bill (Eng. H. B. No. 107) 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 present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 107) 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. H. B. No. 107) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Helmick, unanimous consent being granted, Engrossed House Bill No. 109 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 third reading.
Having been engrossed, the bill (Eng. H. B. No. 109) 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 present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 109) 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. H. B. No. 109) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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. 1007, Authorizing Chief Technology Officer to bill state spending units for certain evaluations.
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. 1007) 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 Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1009, Providing service credit for certain temporary legislative employees for retirement purposes; other provisions.
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. 1009) 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.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On pages one through twelve, by striking out all of section fourteen;
On page fourteen, section forty-eight, line five, after the word "dollars" by changing the period to a colon and inserting the following proviso: Provided, That a retirant may be employed by the Legislature on a per diem basis without suspension of the retirement annuity if the retirant's annual compensation from the Legislature does not exceed twenty thousand dollars.;
On page sixteen, section forty-eight, after line four, by adding a new subsection, designated subsection (g), to read as follows:
(g) The provisions of section twenty-two-h of this article are not applicable to the amendments made to this section during the two thousand six regular session.;
And,
On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §5-10-48 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:.
The bill, as amended, was ordered to engrossment and third reading.
Engrossed Senate Bill No. 1009 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 present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1009) 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. 1009--A
Bill to amend and reenact §5-10- 48 of the Code of West Virginia, 1931, as amended, relating to reemployment after retirement.
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. 1009) takes effect from passage.
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 concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect October 1, 2006, of
Eng. House Bill No. 101, Child Protection Act of 2006.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 3 p.m. today.
Upon expiration of the recess, the Senate reconvened and proceeded 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 June 13, 2006, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 1 is submitted:
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.
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, the special order thereon was called by the President.
Thereupon, Senator Tomblin (Mr. President) laid before the Senate the following executive message:
Senate Executive Message No. 1, dated June 13, 2006 (shown in the Senate Journal of that day, pages 9 to 11, inclusive).
Senator Love 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.
The question being on the adoption of Senator Love's aforestated motion,
The roll was then taken; and
On this question, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, Hunter, McCabe and Weeks--6.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Love's motion had prevailed.
__________

Consideration of executive nominations having been concluded,
Without objection, the Senate returned to the third order of business.
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. 1010, Making supplemental appropriation to Division of Natural Resources.
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. 1011, Supplementing, amending, reducing and increasing items from State Fund to Bureau of Senior Services.
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. 1013, Supplementing, amending and increasing items of existing appropriations from State Fund to Department of Transportation, Division of Highways.
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. 1016, Supplementing and amending chapter six, Acts of Legislature, 2006, to Teachers' Retirement System.
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. 1017, Supplementing and amending chapter six, Acts of Legislature, 2006, to various departments.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2006, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 102--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; providing for the authority to bill state spending units for evaluations performed and technical assistance provided by the Chief Technology Officer.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, Hunter, McCabe and Weeks--6.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 102) 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, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, Hunter, McCabe and Weeks--6.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 102) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, Hunter, McCabe and Weeks--6.
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. 102) takes effect July 1, 2006.
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. 105--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.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, Hunter, McCabe and Weeks--6.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 105) 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, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, Hunter, McCabe and Weeks--6.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 105) 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, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, Hunter, McCabe and Weeks--6.
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. 105) 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. 106--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 the Revenue Center Construction Fund; authorizing the deposit of certain lottery administrative funds into the fund for the construction of a new state office building; and providing for authorization to expend money in the fund.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Helmick, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--27.
The nays were: Harrison--1.
Absent: Boley, Deem, Edgell, Hunter, McCabe and Weeks--6.
The bill was read a second time and ordered to third reading.
The Clerk announced that the following notice of pairs on the passage of the bill was on his desk.
Senator Hunter--Yea.Senator Weeks--Nay.
Having been engrossed, the bill (Eng. H. B. No. 106) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman, Chafin, Dempsey, Facemyer, Fanning, Foster, Helmick, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White and Tomblin (Mr. President)--23.
The nays were: Barnes, Caruth, Guills, Harrison and Yoder--5.
Absent: Boley, Deem, Edgell and McCabe--4.
Paired: Hunter (For), Weeks (Against)--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 106) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Chafin, Dempsey, Facemyer, Fanning, Foster, Helmick, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White and Tomblin (Mr. President)--23.
The nays were: Barnes, Caruth, Guills, Harrison and Yoder--5.
Absent: Boley, Deem, Edgell, Hunter, McCabe and Weeks--6.
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. 106) 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 adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 114--Requesting the Division of Highways to make and place a memorial sign to read "In Loving Memory of Joe King, November 18th, 2005, Will Never Be Forgotten" fifteen yards in front of the Foster Hollow sign on State Route 3, between Racine and Madison, Boone County, West Virginia.
Whereas, Joseph Edward "Joe" King, Jr., who was born in Hernshaw, West Virginia, raised in Marmet, attended Dupont High School and resided in Nitro, was a true citizen pillar of the great State of West Virginia; and
Whereas, Among his many endeavors and activities in life, Joe King was a true gentleman and a dedicated employee of Protection Services, Incorporated; and
Whereas, Joe King was a United States Navy veteran; and
Whereas, Joe King was an avid outdoorsman who loved to hunt and fish throughout our great state; and
Whereas, Joe King was considered by friends, family and all who knew him to be an excellent vocalist and musician; and
Whereas, Joseph Edward "Joe" King, Jr., was a caring, compassionate, loving and devoted husband and father, a kindly and generous man and a devout Christian; and
Whereas, The passing of this tireless and dedicated life from the earthly bonds of this world leaves behind a proud and distinguished legacy upon which both family and friends may find solace, and from which fellow veterans and fellow citizens will find an example worthy of emulation; and
Whereas, As a small token of this collective legislative body's recognition of this dedicated citizen, veteran and family man's exceedingly moral, generous and compassionate life, it is hereby decreed that the Division of Highways shall have made and place a memorial sign to read "In Loving Memory of Joe King, November 18th, 2005, Will Never be Forgotten" fifteen yards in front of the Foster Hollow sign on State Route 3, between Racine and Madison, Boone County, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to have made and be placed a memorial sign to read "In Loving Memory of Joe King, November 18th, 2005, Will Never be Forgotten" fifteen yards in front of the Foster Hollow sign on State Route 3, between Racine and Madison, Boone County, West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates is requested to prepare a certified copy of this resolution for the Commissioner of the Division of Highways and the family of Mr. King, including his wife, Judy, his son, Justin Curtis, and his daughter, Jessica, of Nitro, West Virginia, and his mother, Carrie Clark, and father, James H. Clark, of Marmet, West Virginia.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
On motion of Senator Unger, the following amendments to the resolution (H. C. R. No. 114) were reported by the Clerk, considered simultaneously, and adopted:
On page one, by striking out everything after the title and inserting in lieu thereof the following:
Whereas, Joseph Edward "Joe" King, Jr., who was born in Hernshaw, West Virginia, raised in Marmet, attended Dupont High School and resided in Nitro, was a true citizen pillar of the great State of West Virginia; and
Whereas, Among his many endeavors and activities in life, Joe King was a true gentleman and a dedicated employee of Protection Services, Incorporated; and
Whereas, Joe King was a United States Navy veteran; and
Whereas, Joe King was an avid outdoorsman who loved to hunt and fish throughout our great state; and
Whereas, Joe King was considered by friends, family and all who knew him to be an excellent vocalist and musician; and
Whereas, Joseph Edward "Joe" King, Jr., was a caring, compassionate, loving and devoted husband and father, a kindly and generous man and a devout Christian; and
Whereas, The passing of this tireless and dedicated life from the earthly bonds of this world leaves behind a proud and distinguished legacy upon which both family and friends may find solace, and from which fellow veterans and fellow citizens will find an example worthy of emulation; and
Whereas, As a small token of this collective legislative body's recognition of this dedicated citizen, veteran and family man's exceedingly moral, generous and compassionate life, it is hereby decreed that the Division of Highways shall name that section of W. Va. State Route 3, between Racine and Madison, Boone County, West Virginia, the "Joe King Memorial Highway"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name that section of W. Va. State Route 3, between Racine and Madison, Boone County, West Virginia, the "Joe King Memorial Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates is requested to prepare a certified copy of this resolution for the Commissioner of the Division of Highways and the family of Mr. King, including his wife, Judy, his son, Justin Curtis, and his daughter, Jessica, of Nitro, West Virginia, and mother, Carrie Clark, and father, James H. Clark, of Marmet, West Virginia.;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
House Concurrent Resolution No. 114--Requesting the Division of Highways to name that section of West Virginia State Route 3, between Racine and Madison, Boone County, West Virginia, the "Joe King Memorial Highway".
The question being on the adoption of the resolution (H. C. R. No. 114), as amended, 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.
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. 115--Naming the Bowers Bridge and the High Street Bridge, both of which are situated in the City of Mannington, West Virginia, in honor of certain individuals who contributed greatly to the development and well-being of the City of Mannington.
Whereas, The Mayor and City Council of the City of Mannington, West Virginia, desire to name two bridges located within the corporate limits of their fair city in honor of certain individuals who greatly contributed to the development and well-being of their city; and
Whereas, Sammie Hunter, Lotta Neer, Elmer "Punk" Masters, Drexil "Gene" Powell, Nassif Rohanna, James Stewart and Louis Starsick were individuals who contributed greatly of their time, ability and creative spirit to the fair City of Mannington; and to honor them the city administration has requested this legislative body to resolve to name the Bowers Bridge in honor of them; and
Whereas, Charles Brummage, Herbert "Pete" Bonnell and Clarence Roberts were individuals who, additionally, contributed greatly of their time, ability and creative spirit to the citizens of the City of Mannington; and to honor them the city administration has requested this legislative body to resolve to name the High Street Bridge in honor of them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Bowers Bridge located in the City of Mannington, West Virginia, shall henceforth be named in honor of Sammie Hunter, Lotta Neer, Elmer "Punk" Masters, Drexil "Gene" Powell, Nassif Rohanna, James Stewart and Louis Starsick; and, be it
Further Resolved, That the Division of Highways is hereby directed to erect signs at each entrance to the Bowers Bridge, proclaiming in bold and prominent alphabetic characters as follows: "THIS BRIDGE IS NAMED IN HONOR OF SAMMIE HUNTER, LOTTA NEER, ELMER 'PUNK' MASTERS, DREXIL 'GENE' POWELL, NASSIF ROHANNA, JAMES STEWART AND LOUIS STARSICK - CITIZENS OF MANNINGTON WHO MADE A DIFFERENCE"; and, be it
Further Resolved, That the High Street Bridge located in the City of Mannington, West Virginia, shall henceforth be named in honor of Charles Brummage, Herbert "Pete" Bonnell and Clarence Roberts; and, be it
Further Resolved, That the Division of Highways is hereby directed to erect signs at each entrance to the High Street Bridge, proclaiming in bold and prominent alphabetic characters as follows: "THIS BRIDGE IS NAMED IN HONOR OF CHARLES BRUMMAGE, HERBERT 'PETE' BONNELL AND CLARENCE ROBERTS - CITIZENS OF MANNINGTON WHO MADE A DIFFERENCE"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to prepare a certified copy of this resolution for Lenny Stafford, the Mayor of the City of Mannington, and for the City Council of the City of Mannington.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 117--Requesting the Division of Highways to name the bridge at the intersection of U. S. 19 and Summerlee Road in Oak Hill, Fayette County, the "Veterans of All Wars Bridge".
Whereas, In the modern era, Fayette County veterans have fought with gallantry and distinction in WWI, WWII and the Korean, Vietnam and Iraq conflicts; and
Whereas, Fayette County veterans have served honorably in the United States Army, Navy, Air Force, Marine Corps and Coast Guard, answering our nation's call to repel tyranny and aggression throughout the world; and
Whereas, Fayette County veterans have proudly done their part to protect our country's freedoms and preserve our country's democratic way of life for future generations; and
Whereas, Fayette County veterans have placed themselves in harm's way while defending our country, and many have made the ultimate sacrifice - giving what Abraham Lincoln called "the last full measure of devotion"; and
Whereas, A tremendous debt of gratitude is owed to Fayette County veterans who have bravely served our nation in time of war, and it is only fitting that their selfless heroism be 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 at the intersection of U. S. 19 and Summerlee Road in Oak Hill, Fayette County, the "Veterans of All Wars Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to place signs identifying the bridge as the "Veterans of All Wars Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to prepare a certified copy of this resolution for the Commissioner of the Division of Highways and the Director of the Division of Veterans' Affairs.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 118--Requesting the Division of Highways name the bridge on U. S. Route 50 at Smithburg the "General John Craddock Bridge".
Whereas, General Bantz John Craddock was born and raised in Doddridge County, West Virginia, and graduated from Doddridge County High School and West Virginia University; and
Whereas, General Craddock assumed command of the United States Southern Command on November 9, 2004, was commissioned as an Armor Officer upon graduation from West Virginia University and was, after completion of the Armor Officer Advanced Course, assigned to the 3rd Armored Division, commanding a tank company in the 1st Battalion, 32nd Armor; and
Whereas, In September, 1981, General Craddock was reassigned to the Office of the Program Manager, Abrams Tank Systems in Warren, Michigan, as a Systems Analyst and later as Executive Officer, joined the 8th Infantry Division (Mechanized) in Germany, serving as the Executive Officer of the 4th Battalion, 69th Armor, for two years and was subsequently reassigned to the Division Headquarters as the Deputy G-3, Operations; and
Whereas, In May, 1989, General Craddock assumed command of the 4th Battalion, 64th Armor, 24th Infantry Division (Mechanized), at Fort Stewart, Georgia, commanded the Tuskers for 26 months, deploying to Operation Desert Shield and Desert Storm, was the Assistant Chief of Staff, G-3, Operations, for the 24th Division, attended the U. S. Army War College, graduating in 1993, assumed command of the 194th Separate Armored Brigade at Fort Knox and was assigned as the Assistant Chief of Staff, G-3, for III Corps at Fort Hood, Texas; and
Whereas, In 1996, General Craddock was reassigned to the Joint Staff in the Pentagon as an Assistant Deputy Director in J-5, joined the 1st Infantry Division (Mechanized) in Germany as the Assistant Division Commander for Maneuver, was designated as Commander of U. S. Forces for the initial entry operation into Kosovo, was reassigned as the Commanding General of the 7th Army Training Command, U. S. Army, Europe, assumed command of the 1st Infantry Division (Mechanized) - the "Big Red One" and has since August, 2002, served as the Senior Military Assistant to the Secretary of Defense; and
Whereas, General Craddock has attended numerous Army schools and training programs and holds a master's degree in Military Arts and Sciences; and his decorations include the Valorous Unit Award, Defense Distinguished Service Medal, Distinguished Service Medal, Silver Star, Defense Superior Service Medal with one Oak Leaf Cluster, Legion of Merit with two Oak Leaf Clusters and the Bronze Star; 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 50 at Smithburg the "General John Craddock Bridge"; 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 "General John Craddock Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a certified copy of this resolution to the Commissioner of the Division of Highways and General John Craddock.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 119--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 is the only coach in the State of West Virginia to win state championships in two different sports, football in 1951 and 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 requested to prepare a certified copy of this resolution for the Commissioner of the Division of Highways, the family of Leonard R. Valentine and the City of Mullens.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
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. 120--Requesting the West Virginia Division of Highways to name a portion of W. Va. Route 16 from the northen city limits of the City of Mt. Hope continuing northerly to the intersection of W. Va. Route 16 and U. S. Route 19, Corridor L, the "GENERAL C. SHIRLEY DONNELLY MEMORIAL ROAD".
Whereas, C. Shirley Donnelly was born in Jackson County, West Virginia, on February 2, 1895; and
Whereas, C. Shirley Donnelly was raised in frugal circumstance similar to most West Virginians of the era; and
Whereas, C. Shirley Donnelly attended a one-room school at Cedar Point until his family moved to Charleston, West Virginia, where he graduated from Charleston High School in 1915; and
Whereas, C. Shirley Donnelly decided to go into the ministry at an early age and fulfilled that desire by completing graduate work at Union Theological Seminary in Richmond, Virginia; and
Whereas, Reverend C. Shirley Donnelly pastored at Oak Hill Baptist Church for twenty-one years and at the Crab Orchard Baptist Church for twenty-five years after returning from World War II; and
Whereas, During Reverend Donnelly's military service, he was Head Chaplain over six hundred army chaplains of all faiths; and
Whereas, At the age of thirty-four, C. Shirley Donnelly was promoted to the rank of captain, fulfilling a goal he had set for himself as a youth, and eventually he was promoted to the rank of full colonel; and
Whereas, During C. Shirley Donnelly's military service, he lived in seventeen countries on four continents; and
Whereas, Colonel C. Shirley Donnelly was a friend and acquaintance of Colonel James H. O'Neil, Army Chaplain, who was told by General Patton to do something to stop the rain which had bogged down the efforts of Patton?s army, thus stirring Chaplain O?Neill to compose the famous prayer printed on the back of General Patton?s Christmas card, as Patton credited the prayer with stop ping the rain; and
Whereas, Colonel C. Shirley Donnelly was with General Patch in Augsburg, Germany, when the surrender note of Goering was placed in the General?s hand, thus placing him in the archives of history unmatched by any Fayette countian of note; and
Whereas, After the war, C. Shirley Donnelly was promoted to the highest rank of general as a chaplain in the National Guard in the United States on his eighty-fifth birthday; and
Whereas, In his spare time, C. Shirley Donnelly delighted readers in West Virginia and elsewhere by his prolific writings in book form and newspapers on a host of subjects and experiences; and
Whereas, Jim Comstock, noted historian and publisher, once remarked that Fayette County and all of West Virginia should be thankful that C. Shirley Donnelly preserved so much local and state history; and
Whereas, C. Shirley Donnelly departed this life on August 31, 1982, and is interred at Blue Ridge Memorial Gardens in Prosperity, West Virginia; and
Whereas, C. R. Hill chronicled the many achievements of C. Shirley Donnelly as historian, minister, soldier, farmer and banker in book form, giving clear and convincing evidence that the contributions of C. Shirley Donnelly should not soon be forgotten; and
Whereas, Those contributions make C. Shirley Donnelly worthy and deserving of having his name set before his fellow Fayette countians and the motoring public, commemorating his exemplary life in the hope that it might be emulated; and
Whereas, C. Shirley Donnelly frequently traveled over a portion of U. S. Route 16 as he pastored at the Crab Orchard Baptist Church and as he wrote countless articles for the Beckley newspaper; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested to name the portion of W. Va. Route 16 from the northen city limits of the City of Mt. Hope continuing northerly to the intersection of W. Va. Route 16 and U. S. Route 19, Corridor L, the "GENERAL C. SHIRLEY DONNELLY MEMORIAL ROAD"; and, be it
Further Resolved, That appropriate signage be erected at both ends of said memorial road and that the Clerk of the House of Delegates is hereby requested to provide a certified copy of this resolution for the Commissioner of the West Virginia Division of Highways and the family of General C. Shirley Donnelly.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution 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.
The Senate proceeded to the sixth order of business.
Senators Tomblin (Mr. President), Chafin, Bowman, Plymale, Kessler, Helmick, Unger, Bailey, Hunter, Dempsey, Prezioso, White, Fanning, Foster, Jenkins, Minard, Sharpe, Facemyer, Lanham, Love and Oliverio offered the following resolution:
Senate Resolution No. 104--Recognizing the achievements of the Honorable Robert C. Byrd, longest-serving United States Senator.
Whereas, The Honorable Robert C. Byrd began his legislative career with election to the West Virginia House of Delegates in 1946 and was elected to the West Virginia Senate in 1950. In 1952, he was elected to the United States House of Representatives, where he served until he was elected to the United States Senate in 1959; and
Whereas, The Honorable Robert C. Byrd, who has served in the United States Congress 25 percent of the time that America has been a nation, has gained recognition in the nation and the world as a proven leader in Congress; and
Whereas, The Honorable Robert C. Byrd has received many titles during his tenure in the United States Senate. He has served as the Majority Leader, Minority Leader and Majority Whip of the United States Senate. He has served as Chairman of the powerful Senate Committee on Appropriations and is currently the ranking member. He has served as the President Pro Tempore, which placed him third in the line of succession to the presidency of the United States; and
Whereas, The Honorable Robert C. Byrd is an expert on the history, customs and procedures of the United States Senate, which has earned him the unofficial title of "Dean of the Senate"; and
Whereas, Because of the knowledge and expertise of the Honorable Robert C. Byrd in the legislative process, his counsel has been sought by 10 American presidents and hundreds of colleagues of both houses of Congress; and
Whereas, Throughout his distinguished career, the Honorable Robert C. Byrd has remained focused on the problems that face the people of West Virginia and has contributed much to the betterment of all West Virginians; and
Whereas, West Virginia is appreciative of the dedication and commitment of the Honorable Robert C. Byrd to the people of West Virginia. They are also appreciative of the contributions of his beloved wife, the late Erma Ora Byrd, who graciously and unselfishly shared her husband with a grateful nation. On her passing, the Senate extends its sincere sympathy; and
Whereas, West Virginia is immensely proud that our Senior Senator is now America's Senior Senator; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the achievements of the Honorable Robert C. Byrd, longest-serving United States Senator; and, be it
Further Resolved, That the West Virginia Senate extends its appreciation to the Honorable Robert C. Byrd for the many contributions he has made to West Virginia for the betterment of its citizens; and, be it
Further Resolved, That the West Virginia Senate extends its sincere sympathy to the Honorable Robert C. Byrd on the passing of his beloved wife and companion, Erma Ora Byrd. With grace and dignity, she unselfishly shared her husband with a grateful nation; and, be it
Further Resolved, That the West Virginia Senate is pleased to have its Senior United States Senator now known as America's Senior Senator; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Honorable Robert C. Byrd.
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.
At the request of Senator Chafin, and by unanimous consent, Senators Chafin and Fanning offered the following resolution from the floor:
Senate Concurrent Resolution No. 104--Requesting the Division of Highways name the east Williamson bridge in Williamson, Mingo County, the "Thomas Michael Smith Memorial Bridge".
Whereas, Thomas Michael Smith was a lifelong resident of Williamson, Mingo County, and was the son of Clara Britts Smith and York Smith, Jr., a long-time member of the state Democratic Executive Committee; and
Whereas, Thomas Michael Smith graduated from Williamson High School and worked as an inspector for the Division of Highways; and
Whereas, Thomas Michael Smith, who was very active in community affairs, touched the hearts and lives of many people in Mingo County; and
Whereas, Sadly, Thomas Michael Smith's life was cut short on July 29, 2004, by a heart attack at the age of fifty; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the east Williamson bridge in Williamson, Mingo County, the "Thomas Michael Smith Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Thomas Michael Smith 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 Thomas Michael Smith.
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.
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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 111--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to the Department of Commerce - Miners' Health, Safety and Training Fund, fund 3355, fiscal year 2007, organization 0314, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand seven.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 111) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 111) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
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. 111) 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. 112--A Bill supplementing, amending and increasing items of the existing appropriations to the Auditor's Office - Land Operating Fund, fund 1206, fiscal year 2006, organization 1200, to the Department of Agriculture - Donated Food Fund, fund 1446, fiscal year 2006, organization 1400, and to the Department of Health and Human Resources - Division of Health - West Virginia Birth-to-Three Fund, fund 5214, fiscal year 2006, organization 0506, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 112) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 112) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
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. 112) 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. 113--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to a new item of appropriation designated to the Department of Commerce - Division of Labor - Weights and Measures Fund, fund 3196, fiscal year 2007, organization 0308, supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the Budget Bill.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 113) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 113) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
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. 113) 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. 114--A Bill supplementing, amending, reducing and increasing items of the existing appropriation from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2006, organization 0803, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand six.
At the request of Senator Chafin, and by unanimous consent, 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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 114) was then read a third time and put upon its passage.
Prior to the call of the roll, Senator Barnes moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Bailey, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
Excused from voting: Barnes--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 114) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
Excused from voting: Barnes--1.
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. 114) 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. 115--A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to the Department of Agriculture - State Conservation Committee, fund 8783, fiscal year 2007, organization 1400, to the Department of Education and the Arts, State Board of Rehabilitation, Division of Rehabilitation Services, fund 8734, fiscal year 2007, organization 0932, to a new item of appropriation designated to the Department of Education and the Arts, State Board of Rehabilitation, Division of Rehabilitation Services - Disability Determination Services, fund 8890, fiscal year 2007, organization 0932, and to the Department of Military Affairs and Public Safety - Division of Veterans' Affairs, fund 8858, fiscal year 2007, organization 0613, all supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the Budget Bill.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 115) was then read a third time and put upon its passage.
Prior to the call of the roll, Senator Barnes moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Bailey, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
Excused from voting: Barnes--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 115) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
Excused from voting: Barnes--1.
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. 115) 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. 116--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to the Department of Agriculture - Agriculture Fees Fund, fund 1401, fiscal year 2007, organization 1400, to the Department of Agriculture - General John McCausland Memorial Farm, fund 1409, fiscal year 2007, organization 1400, to the Department of Agriculture - Donated Food Fund, fund 1446, fiscal year 2007, organization 1400, to the Department of Administration - Division of Information Services and Communications, fund 2220, fiscal year 2007, organization 0210, to the Department of Administration - Division of Personnel, fund 2440, fiscal year 2007, organization 0222, to the Department of Military Affairs and Public Safety - Division of Veterans' Affairs - Veterans' Facilities Support Fund, fund 6703, fiscal year 2007, organization 0613, to the Department of Revenue - Racing Commission - Administration and Promotion, fund 7304, fiscal year 2007, organization 0707, to the Department of Revenue - Racing Commission - Administration, Promotion and Education Fund, fund 7307, fiscal year 2007, organization 0707, and to the West Virginia Board of Examiners for Speech-Language Pathology and Audiology, fund 8646, fiscal year 2007, organization 0930, all supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the Budget Bill.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 116) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 116) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
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. 116) 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. Com. Sub. for House Bill No. 118--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, all supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the Budget Bill.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 118) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
So, a majority 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. 118) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
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. 118) 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. Com. Sub. for House Bill No. 124--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 - 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.
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, Bowman, Caruth, Chafin, Dempsey, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 124) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
So, a majority 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. 124) 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, White, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Boley, Deem, Edgell, McCabe and Weeks--5.
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. 124) 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. 1009, Relating to reemployment after retirement.
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. 1012, Making supplemental appropriation to Lottery Commission, Excess Lottery Revenue Fund Surplus.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 101, Requesting Division of Highways name bridge on I-68 spanning Route 64/1, Monongalia County, "Jack Fleming Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 102, Requesting Department of Administration name state office building on Neville St., Beckley, "Clarence W. Meadows Building".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 103, Requesting Division of Highways name portion of U. S. Route 16, "Hank Williams, Sr., Memorial Road".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 104, Requesting Division of Highways name east Williamson bridge, Mingo County, "Thomas Michael Smith Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the adoption as amended, with its Senate amended title, of
House Concurrent Resolution No. 102, Requesting the West Virginia Division of Highways name Hawks Nest Road in Ansted, Fayette County, the "Jon Dragan Road".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the adoption as amended, with its Senate amended title, of
House Concurrent Resolution No. 114, Requesting Division of Highways name section of W. Va. Rt. 3, Boone County, "Joe King Memorial Highway".
Senator Chafin offered the following pre-adjournment resolution:
Senate Resolution No. 105--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
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.
Senator Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
Senators Foster, Unger and McKenzie.
Subsequently, Senator Foster reported that the duties assigned by Senate Resolution No. 105 had been performed.
Thereafter, a three-member delegation from the House of Delegates, namely
Delegates Susman, Leggett and Trump, announced that that body also had completed its labors and was ready to adjourn sine die.
Senator Chafin then offered the following resolution:
Senate Resolution No. 106--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
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.
Under the provisions of the foregoing resolution, Senator Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:
Senators Sharpe, Fanning and Minear.
Delegates Susman, Leggett and Trump, then announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.
Senators Sharpe, Fanning and Minear, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.
Subsequently, Senator Sharpe, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Sharpe then reported this mission accomplished.
At the request of Senator White, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this first extraordinary session of the seventy-seventh Legislature in the year two thousand six, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.
In accordance with the foregoing unanimous consent agreement, the following report of the Joint Committee on Enrolled Bills was filed as follows:
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of June, 2006, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 1009), Relating to reemployment after retirement.
(S. B. No. 1010), Making supplemental appropriation to Division of Natural Resources.
(S. B. No. 1011), Supplementing, amending, reducing and increasing items from State Fund to Bureau of Senior Services.
(S. B. No. 1012), Making supplemental appropriation to Lottery Commission, Excess Lottery Revenue Fund Surplus.
(S. B. No. 1013), Supplementing, amending and increasing items of existing appropriations from State Fund to Department of Transportation, Division of Highways.
(S. B. No. 1016), Supplementing and amending chapter six, Acts of Legislature, 2006, to Teachers' Retirement System.
(S. B. No. 1017), Supplementing and amending chapter six, Acts of Legislature, 2006, to various departments.
(H. B. No. 101), Child Protection Act of 2006.
(H. B. No. 102), Authority of Chief Technology Officer to bill state spending units for evaluations performed and technical assistance provided.
(H. B. No. 104), 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.
(H. B. No. 105), Confidentiality of circuit court records involving guardianship of minors.
(H. B. No. 106), Surplus administrative funds of the Lottery Commission and creating a special construction account and authorizing the construction of a new office building.
(H. B. No. 107), Local Bill -- Jefferson County Parks and Recreation Commission authorized to transfer ownership of certain properties.
(H. B. No. 109), Clarifying the amount and the effective date of certain one-time supplements to retirement benefits amended during the 2006 Regular Session.
(H. B. No. 111), Making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to the Department of Commerce - Miners' Health, Safety and Training Fund.
(H. B. No. 112), Supplementing, amending, and increasing items of the existing appropriation to the Auditor's Office - Land Operating Fund, to the Department of Agriculture - Donated Food Fund, etc.
(H. B. No. 113), Supplementary appropriation designated to the Department of Commerce - Division of Labor - Weights and Measures Fund.
(H. B. No. 114), Supplementing, amending, reducing, and increasing items of the existing appropriation from the State Road Fund to the Department of Transportation, Division of Highways.
(H. B. No. 115), Supplementary appropriation to the Department of Agriculture - State Conservation Committee, to the Department of Education and the Arts, State Board of Rehabilitation, Division of Rehabilitation Services etc.
(H. B. No. 116), Supplementary appropriation to the Department of Agriculture - Agriculture Fees Fund, to the Department of Agriculture - General John McCausland Memorial Farm.
(Com. Sub. for H. B. No. 118), 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, etc.
And,
(Com. Sub. for H. B. No. 124), Making a supplementary appropriation to the Department of Administration - Consolidated Public Retirement Board, etc.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Executive Communications

Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency, the Governor, advising that on June 19, 2006, he had approved Enr. Senate Bill No. 1010, Enr. Senate Bill No. 1011, Enr. Senate Bill No. 1012, Enr. Senate Bill No. 1013, Enr. Senate Bill No. 1016, Enr. Senate Bill No. 1017, Enr. House Bill No. 101, Enr. House Bill No. 111, Enr. House Bill No. 112, Enr. House Bill No. 113, Enr. House Bill No. 114, Enr. House Bill No. 115, Enr. House Bill No. 116, Enr. Committee Substitute for House Bill No. 118 and Enr. Committee Substitute for House Bill No. 124; and on June 28, 2006, he had approved Enr. Senate Bill No. 1009, Enr. House Bill No. 102, Enr. House Bill No. 104, Enr. House Bill No. 105, Enr. House Bill No. 106, Enr. House Bill No. 107 and Enr. House Bill No. 109.
On motion of Senator Chafin, the first extraordinary session of the Senate in the year two thousand six adjourned sine die.
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