WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2006

FIFTH DAY

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Charleston, W. Va., Monday, November 13, 2006

The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.
Pending the reading of the Journal of Sunday, November 12, 2006,
On motion of Senator Kessler, the Journal was approved and the further reading thereof dispensed with.
The Senate 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. 212--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration - Consolidated Public Retirement Board, fund 0195, fiscal year 2007, organization 0205, by supplementing and amending the appropriations 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, Boley, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Deem, Dempsey, Lanham and White--4.
 The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 212) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Deem, Dempsey, Lanham and White--4.
 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. 212) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Deem, Dempsey, Lanham and White--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. 212) takes effect from passage.
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 Sprouse, Tomblin (Mr. President), Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Yoder offered the following resolution:
Senate Resolution No. 204--Recognizing the service of the Honorable Russ Weeks, member of the West Virginia Senate and dedicated public servant.
Whereas, Russ Weeks was born May 12, 1942, in Beckley, West Virginia, the son of Russell E. and Jeannette Rees Weeks; and
Whereas, Russ Weeks is married to his beloved wife Helen and is the proud father of two children, Sharon and Russell III; and
Whereas, Russ Weeks joined the United States Navy in 1959 and served in Vietnam commanding a boat in the Mekong Delta. He also participated in the Cuban Bay of Pigs Invasion and the Cuban Missile Crisis, where his unit was the last American unit to return to the United States. He retired from the United States Navy in 1978; and
Whereas, In 2002, the Honorable Russ Weeks was elected to the West Virginia Senate from the ninth senatorial district; and
Whereas, During his four-year tenure in the Senate, the Honorable Russ Weeks served on the Senate committees on the Judiciary, Government Organization, Health and Human Resources, Military, Energy, Industry and Mining, and Agriculture; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the service of the Honorable Russ Weeks, member of the West Virginia Senate and dedicated public servant; and, be it
Further Resolved, That the Senate hereby expresses its sincere appreciation to the Honorable Russ Weeks for his dedication and commitment to the citizens of the ninth senatorial district and the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Honorable Russ Weeks.
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, and on this question, Senator Fanning demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Deem, Dempsey, Lanham and White--4.
So, a majority of those present and voting having voted in the affirmative, the President declared the resolution (S. R. No. 204) adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
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 under unfinished business on tomorrow, Tuesday, November 14, 2006.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Weeks.
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, November 14, 2006, at 6 p.m.
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