WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2008

FIRST DAY

____________

Charleston, W. Va.,

Tuesday, June 24, 2008

Pursuant to the proclamation of His Excellency, the Governor, the Honorable Joe Manchin III, dated the twenty-fourth day of June, two thousand eight, convening the seventy-eighth Legislature of West Virginia in extraordinary session today (Tuesday, June 24, 2008), 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 Mike Hall, a senator from the fourth district.
On the call of the roll, the following answered to their names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President).
Thirty-two members having answered to their names, the President declared the presence of a quorum.
Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the following 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 twenty-fourth day of June, two thousand eight, 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:Certain ceremonial and memorial resolutions.
THIRD:Legislation relating to the voluntary transfer of assets from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System.
FOURTH:Legislation relating to the transfer and receipt of scrap metal; amending the definition of scrap metal to include catalytic converters; providing recording and reporting requirements and exceptions thereto; and providing criminal penalties.
FIFTH:Legislation relating to competency testing for school service personnel; and establishing the testing schedule for school bus operators.
SIXTH:Legislation relating to greyhound racing generally and the West Virginia Greyhound Breeding Development Fund.
SEVENTH:Legislation relating to incremental salary increases for certain state employees based on years of service.
EIGHTH:Legislation relating to the terms of office for members of library boards of directors.
NINTH:Legislation authorizing certain eligible state employees to elect to be paid for unused, accumulated sick leave days in excess of fifty days once per year; and creating the State Employee Sick Leave Fund.
TENTH:Legislation requiring county boards of education to give employment preference in filling summer school program positions to professional educators who are regularly employed on a full-time basis.
ELEVENTH:Legislation providing that, for the annual period encompassing calendar year two thousand nine, the average wholesale price of motor fuel shall not exceed the average wholesale price of motor fuel for the immediately preceding calendar year as determined by the Tax Commissioner and filed with the Secretary of State on November 21, 2007, and published in the State Register on November 30, 2007; creating the Motor Fuel Excise Tax Shortfall Reserve Fund; providing for the transfer of moneys from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund; and requiring the Commissioner of Highways to submit monthly reports to the Joint Committee on Government and Finance.
TWELFTH:Legislation relating generally to the regulation and control of elections; providing legislative findings regarding the regulation of nonbroadcast media; defining certain terms; clarifying that certain statutory prohibitions and criminal provisions relating to corporate election communications apply only to express advocacy; and clarifying offenses and penalties.
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 twenty-fourth day of June, in the year of our Lord, Two Thousand Eight, and in the One Hundred Forty-Sixth 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. 201--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 Foster, Jenkins and Hall.
Subsequently, Senator Foster, 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 Yost, Browning and Carmichael, 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. 202--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 Fanning, Minard and Boley.
A message from the House of Delegates, by
Delegates Hrutkay, Tucker and Rowan, 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. 202. Senate and House members of this select committee then proceeded to the executive offices.
Subsequently, Senator Fanning reported that the joint Senate and House committee had performed the duty assigned to it.
The Clerk presented a communication from the Department of Health and Human Resources, submitting its Sudden Infant Death Syndrome Program annual report as required by chapter sixteen, article one, section six of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk 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.
The Clerk presented a communication from the Office of the Insurance Commissioner, submitting its annual AccessWV report as required by chapter thirty-three, article forty-eight, section two of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Commission on Uniform State Laws, submitting its annual report, in accordance with chapter twenty-nine, article one-a, section four of the code of West Virginia.
Which report was 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 communications from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 17, 2008

Senate Executive Message No. 1
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Member, School Building Authority, Tom Lange, Charles Town, Jefferson County, for the term ending July 31, 2010.
2.For Member, Education Commission of the States, Nancy Sturm, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
3.For Member, Education Commission of the States, Jay Cole, Rockville, Maryland, to serve at the will and pleasure of the Governor.
4.For Member, Education Commission of the States, Steve Paine, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
5.For Member, Education Commission of the States, Brian Noland, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
6.For Member, Nursing Home Administrators Licensing Board, Dan Farley, Princeton, Mercer County, for the term ending June 30, 2013.
7.For Member, Nursing Home Administrators Licensing Board, Barbara S. Wilkerson, Charleston, Kanawha County, for the term ending June 30, 2009.
8.For Member, Parole Board, Brenda Stucky, Charleston, Kanawha County, for the term ending June 30, 2013.
9.For Member, Council for Community and Technical Colleges, Ted Arnault, New Cumberland, Hancock County, for the term ending June 30, 2011.
10.For Member, Board of Respiratory Care, Tracy Matthews, Sod, Lincoln County, for the term ending June 30, 2011.
11.For Member, Board of Respiratory Care, Jane Antulov, Fairmont, Marion County, for the term ending June 30, 2011.
12.For Member, Human Rights Commission, Karl S. Gattlieb, Charleston, Kanawha County, for the term ending June 30, 2010.
13.For Member, Human Rights Commission, Wesley Dobbs, Carolina, Marion County, for the term ending June 30, 2010.
14.For Member, Nursing Home Administrators Licensing Board, Sonia Bailey-Gibson, Morgantown, Monongalia County, for the term ending June 30, 2010.
15.For Director, Division of Energy, John F. Herholdt, Jr., Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
16.For Member, Board of Professional Surveyors, Nelson Douglass, Parkersburg, Wood County, for the term ending June 30, 2010.
17.For Member, Board of Respiratory Care, Eric Hawkins, Bluefield, Mercer County, for the term ending June 30, 2011.
18.For Member, Board of Landscape Architects, R. Todd Schoolcraft, Elkview, Kanawha County, for the term ending June 30, 2010.
19.For Member, Board of Landscape Architects, Michael Biafore, Fairmont, Marion County, for the term ending June 30, 2009.
20.For Member, Public Land Corporation Board of Directors, Carl Martin, Buckhannon, Upshur County, for the term ending June 30, 2011.
21.For Member, Public Land Corporation Board of Directors, Steve Perdue, Charleston, Kanawha County, for the term ending June 30, 2009.
22.For Member, Higher Education Policy Commission, Kathy Eddy, Parkersburg, Wood County, for the term ending June 30, 2011.
23.For Secretary, Department of Environmental Protection, Randy Huffman, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
24.For Member, Consolidated Public Retirement Board, David Fletcher, Belle, Kanawha County, for the term ending June 30, 2012.
25.For Member, Consolidated Public Retirement Board, The Honorable Charles Lanham, Point Pleasant, Mason County, for the term ending June 30, 2012.
26.For Member, Consolidated Public Retirement Board, James J. Gianato, Kimball, McDowell County, for the term ending June 30, 2010.
27.For Member, Consolidated Public Retirement Board, E. Gene Davis, Athens, Mercer County, for the term ending June 30, 2012.
28.For Member, Consolidated Public Retirement Board, Joe Lynch, Charleston, Kanawha County, for the term ending June 30, 2012.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Joe Manchin III,
Governor.
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 24, 2008

Senate Executive Message No. 2
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nomination for your advice and consent:
1.For Director, Division of Veterans' Affairs, Keith Gwinn, Nitro, Kanawha County, for the term ending June 30, 2014.
Notice of this appointment was previously provided to the appropriate legislative staff at the time the appointment was made.
Sincerely,
Joe Manchin III,
Governor.
 Which communications were 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 25, 2008, at 11 a.m.
The following communication from His Excellency, the Governor, was next reported by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 24, 2008

Senate Executive Message No. 3
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following amends and replaces the "FY 2008 Official Estimate" "General Revenue Fund - Statement of Revenues by Source" which I submitted to you on January 10, 2007, as part of my Executive Budget Document for the fiscal year ending June 30, 2008:
General Revenue Fund

Statement of Revenues by Source

(Expressed in Thousands)

FY 2008
Source of RevenueEstimate
Business and Occupation Tax
$164,000

Consumers Sales Tax1,026,900
Personal Income Tax1,473,600
1

Liquor Profit Transfers13,000
Racing Fees2,000
Beer Tax and Licenses8,650
Cigarette Tax106,700
Business Franchise Fees1,800
Charter Tax6,700
Use Tax130,500
Property Transfer Tax13,000
Property Tax5,000
Insurance Tax106,200
Departmental Collections14,000
Corporate Income/Business Franchise Tax381,850
2

Miscellaneous Receipts
1,500

Miscellaneous Transfers1,000
Interest Income47,000
Severance Tax319,000
3

Smokeless Tobacco Tax5,100
HB102 - Lottery Transfers77,900
Senior Citizen Tax Credit Reimbursement 8,600
Total
$3,914,000
4

 1 Revised from$1,408,600to$1,473,600-Increase of$65,000.
2 Revised from 361,850to 381,850-Increase of20,000.
 3 Revised from 309,000 to 319,000- Increase of10,000.
 4 Revised from3,819,000 to 3,914,000- Increase of
95,000.

 This change is necessary because as of May 31, 2008, cumulative General Revenue Fund collections were $136.5 million above the cumulative estimate of $3,467,380,000. The Personal Income Tax was the single largest source of surplus. Personal Income Tax collections were nearly $88.7 million above estimate. Corporation Net Income Tax collections were $41.7 million above estimate and Severance Tax collections were $49.8 million above estimate. Higher energy prices, increased capital gain realizations in the calendar year 2007 and a few assorted technical factors contributed to excess Personal Income Tax, Corporation Net Income Tax and Severance Tax receipts this year.
The following amends and replaces the "General Revenue Fund - Statement of Revenues, Expenditures and Changes in Cash Balance" which I submitted to you on January 10, 2007, as part of my Executive Budget Document for the fiscal year ending June 30, 2008.

GENERAL REVENUE FUND

Statement of Revenues, Expenditures and Changes in Cash Balance


Actual Cash Balance July 1, 2007$432,086,623
Less: 31 Day Disbursements (July 1, 2007 - July 31, 2007)(38,241,088)
Accumulated Prior Year Reimbursements
(July 1, 2007 - July 31, 2007)19,254
Prior Year Appropriations Forwarded(287,138,213)
Accumulated Surplus from FY 2007 @ July 31,2007$106,726,576
Less:
Transfer One-half to

Revenue Shortfall Reserve Fund (Statutory)(53,363,288)
Less:
Surplus Appropriations (2007 2nd Special Session)(33,262,016)

Less:
Surplus Appropriations (2008 Regular Session)(5,000,000)

Less:
Surplus Appropriations (2008 1st Special Session)(15,363,968)

Plus:
Accumulated Prior Year Reimbursements

(August 1,2007 - June 23,2008) 395,565
Unappropriated Surplus Balance from
FY 2007 June 23, 2008$ 132,869
Plus:
Revised Revenue Estimate FY 2008
$3,819,000,000

Plus:
Increase to Revised Revenue Estimate FY 2008
95,000,000

Revised Revenue Estimate FY 2008
$3,914,000,000

Less:
Regular Appropriations FY 2008
(3,775,534,728)

Less:
Supplemental Appropriations (2008 Regular Session)
(25,000)

Less:
Supplemental Appropriations (2008 1st Special Session) (30,001,635)

Less:
Recommended Supplemental Appropriations

(2008 2nd Special Session)
(107,776,620)

Estimated Unappropriated Balance from FY 2008
$662,017

Plus:
Revenue Estimate FY 2009
$3,902,733,000

Less:
Regular Appropriations FY 2009
(3,896,815,854)

Less:
Recommended Supplemental Appropriations

(2008 2nd Special Session)
(2,355,000)

Estimated Unappropriated Balance from FY 2009
$ 3,562,146

Estimated Cash (Unappropriated) Balance June 30, 2009
$ 4,357,032



Sincerely,
Joe Manchin III,
Governor.
In compliance with Article VI, Section 51 of the Constitution, the Senate consented to receive the foregoing amendments to the Budget Bill, which were referred to the Committee on Finance.
 The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced and read by their titles:
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2001--A Bill to amend and reenact §18A-4-8e of the Code of West Virginia, 1931, as amended, relating to competency testing for service personnel; and establishing the testing schedule for school bus operators.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2002--A Bill to amend and reenact §10-1-5 of the Code of West Virginia, 1931, as amended, relating to term of office for members of library boards of directors.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2003--A Bill to amend and reenact §18A-4-7c of the Code of West Virginia, 1931, as amended, relating to requiring county boards filling summer school program positions to give employment preference to professional educators who are regularly employed on a full-time basis.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2004--A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to greyhound racing generally; limiting participation in the West Virginia Greyhound Breeding Development Fund to accredited West Virginia- whelped greyhounds wholly or solely owned by bona fide residents of West Virginia; greyhound training tracks constructed with moneys from the West Virginia Greyhound Breeding Development Fund; providing for allocation and distribution of not more than two million dollars from the balance of the purse supplemental fund for the construction and maintenance of two greyhound training tracks and facilities subject to the approval of the Racing Commission; prohibiting the Racing Commission from requiring association membership as a prerequisite to participation in the West Virginia Greyhound Breeding Development Fund; requiring up to three races featuring accredited West Virginia-whelped greyhounds per race card; requiring the Greyhound Owners and Breeders Association to submit additions or deletions to the accredited West Virginia- whelped greyhounds registry; requiring the Racing Commission to promulgate rules providing a process for competitive bidding of the construction and/or maintenance of the training tracks; and setting standards to assure that only the actual costs of construction and maintenance shall be paid out of the foregoing fund.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2005-- A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to annual incremental salary increases to certain state employees based on years of service.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2006--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating generally to records and reports of scrap metal purchasers; amending the definition of scrap metal to include catalytic converters; exempting certain purchasers of vehicles and replacement catalytic converters for vehicles from the reporting requirements of this section; and providing for criminal penalties.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2007--A Bill to amend and reenact §5-5-6 of the Code of West Virginia, 1931, as amended, relating to payments to certain state employees for unused sick days; clarifying the formula for "daily rate of pay"; creating the State Employee Sick Leave Fund; and requiring the Secretary of the Department of Administration to promulgate rules related to reimbursement for payments made to employees whose salaries are funded, in whole or in part, by a source other than the General Revenue Fund.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2008--A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-14C-48, all relating to the average wholesale price of motor fuel for the two thousand nine calendar year; creating the Motor Fuel Excise Tax Shortfall Reserve Fund; providing for appropriation of moneys; providing for the transfer of moneys from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund; providing a method for determining transfer amounts; providing for the termination of the fund on the thirtieth day of June, two thousand ten; providing definitions; and requiring the Commissioner of Highways to submit monthly reports to the Joint Committee on Government and Finance.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2009--A Bill to amend and reenact §18-7D-2, §18-7D-5, §18-7D-6, §18-7D-7 and §18-7D-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7D-12, all relating to the State Teachers Retirement System and the Teachers' Defined Contribution Retirement System generally; voluntary transfer of assets from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System; computing teachers' service; establishing requirements and processes for members to affirmatively elect to transfer; setting forth dates and time periods for members to affirmatively elect to transfer; setting forth dates and time periods for the transfer of certain members; providing for service credit in the State Teachers Retirement System; addressing qualified domestic relations orders; and clarifying a transferring member's eligibility to retire following transfer.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2010--A Bill to amend and reenact §3-8-1, §3- 8-1a, §3-8-4, §3-8-5 and §3-8-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-9-14 of said code, all relating to the regulation and control of elections generally; legislative findings related to the particular circumstances of West Virginia which warrant regulation of nonbroadcast media; defining terms; clarifying that statutory prohibitions and criminal provisions relating to corporate election communications apply only to express advocacy; and clarifying offenses and penalties.
Senator Chafin requested unanimous consent that the bill be taken up for immediate consideration.
Which consent was not granted, Senator Caruth objecting.
On motion of Senator Chafin, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2011--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 Department of Education and the Arts - Office of the Secretary - Control Account - Lottery Education Fund, fund 3508, fiscal year 2009, organization 0431, to the Division of Culture and History - Lottery Education Fund, fund 3534, fiscal year 2009, organization 0432, and to the Library Commission - Lottery Education Fund, fund 3559, fiscal year 2009, organization 0433, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand nine.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2012--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 Division of Finance, fund 2208, fiscal year 2008, organization 0209, to the West Virginia Development Office, fund 3170, fiscal year 2008, organization 0307, and to the Division of Health - Central Office, fund 5219, fiscal year 2008, organization 0506, by supplementing and amending chapter twelve, Acts of the Legislature, regular session, two thousand seven, known as the budget bill.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2013--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 Bureau of Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2008, organization 0508, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2014--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 Governor's Office, fund 0101, fiscal year 2009, organization 0100, to the Department of Administration - West Virginia Retiree Health Benefit Trust Fund, fund 0611, fiscal year 2009, organization 0232, to the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2009, organization 0201, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2009, organization 0307, and to the Department of Education - State Department of Education, fund 0313, fiscal year 2009, organization 0402, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand nine.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2015--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 nine, to the Department of Revenue, Office of the Secretary - State Debt Reduction Fund, fund 7007, fiscal year 2009, organization 0701, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand nine.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2016--A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Lottery Commission - Excess Lottery Revenue Fund Surplus, fund 7208, fiscal year 2009, organization 0705, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand nine.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2017--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 eight, to the Department of Revenue, Office of the Secretary - State Debt Reduction Fund, fund 7007, fiscal year 2008, organization 0701, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2018--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 nine, to the Department of Military Affairs and Public Safety - West Virginia State Police, fund 8741, fiscal year 2009, organization 0612, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand nine.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2019--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 Secretary of State, fund 0155, fiscal year 2008, organization 1600, to the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2008, organization 0201, to the Department of Administration - Consolidated Public Retirement Board, fund 0195, fiscal year 2008, organization 0205, to the Department of Administration - West Virginia Retiree Health Benefit Trust Fund, fund 0611, fiscal year 2008, organization 0232, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2008, organization 0307, to the Department of Commerce - Division of Natural Resources, fund 0265, fiscal year 2008, organization 0310, to the Department of Education - State Department of Education, fund 0313, fiscal year 2008, organization 0402, to the Department of Education and the Arts - Educational Broadcasting Authority, fund 0300, fiscal year 2008, organization 0439, to the Department of Environmental Protection - Division of Environmental Protection, fund 0273, fiscal year 2008, organization 0313, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2008, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2008, organization 0511, to the Department of Revenue - Tax Division, fund 0470, fiscal year 2008, organization 0702, and to the Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2008, organization 0441, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Hunter.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, June 25, 2008, at 11 a.m.
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