WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2008

SECOND DAY

____________

Charleston, W. Va.,

Wednesday, June 25, 2008

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

Prayer was offered by the Honorable Shirley Love, a senator from the eleventh district.
Pending the reading of the Journal of Tuesday, June 24, 2008,
On motion of Senator Minard, the Journal was approved and the further reading thereof dispensed with.
The Senate 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 17, 2008, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 1 is submitted:
1.For Member, 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.
And,
Senate Executive Message No. 2, dated June 24, 2008, requesting confirmation by the Senate of the nomination mentioned therein. The following name from Executive Message No. 2 is submitted:
1.For Director, Division of Veterans' Affairs, Keith Gwinn, Nitro, Kanawha County, for the term ending June 30, 2014.
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 messages:
Senate Executive Message No. 1, dated June 17, 2008 (shown in the Senate Journal of June 24, 2008, pages 8 through 11, inclusive).
And,
Senate Executive Message No. 2, dated June 24, 2008 (shown in the Senate Journal of that day, pages 11 and 12).
Senator Love then moved that the Senate advise and consent to 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, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Love's aforestated motion had prevailed.
__________

Consideration of executive nominations having been concluded, the Senate then resumed business under the fourth order.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2002, Relating to term of office for library boards of directors.
Senate Bill No. 2003, Requiring employment preference to professional educators for summer school programs.
Senate Bill No. 2011, Making supplemental appropriations from Lottery Net Profits to various lottery education funds.
Senate Bill No. 2013, Making supplemental appropriation from Lottery Net Profits to Lottery Senior Citizens Fund.
Senate Bill No. 2015, Making supplemental appropriation from State Debt Reduction Fund, FY 2009.
Senate Bill No. 2016, Making supplemental appropriation from State Excess Lottery Revenue Fund to Excess Lottery Revenue Fund Surplus.
Senate Bill No. 2017, Making supplemental appropriation from State Debt Reduction Fund, FY 2008.
And,
Senate Bill No. 2018, Making supplemental appropriation from federal funds to State Police.
All on second reading, having been read a first time and referred to the Committee on Finance on June 24, 2008;
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being granted, Senate Bill No. 2002 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
At the request of Senator Chafin, and by unanimous consent, Senate Bill No. 2003 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
At the request of Senator Chafin, unanimous consent being granted, Senate Bill No. 2011 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
Engrossed Senate Bill No. 2011 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2011) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2011) 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 Chafin, unanimous consent being granted, Senate Bill No. 2013 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
Engrossed Senate Bill No. 2013 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2013) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2013) 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 Chafin, unanimous consent being granted, Senate Bill No. 2015 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
Engrossed Senate Bill No. 2015 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2015) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2015) 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 Chafin, unanimous consent being granted, Senate Bill No. 2016 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
Engrossed Senate Bill No. 2016 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2016) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2016) 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 Chafin, unanimous consent being granted, Senate Bill No. 2017 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
Engrossed Senate Bill No. 2017 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2017) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2017) 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 Chafin, unanimous consent being granted, Senate Bill No. 2018 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
Engrossed Senate Bill No. 2018 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2018) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
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. 2018) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2012, Making supplemental appropriations from State Excess Lottery Revenue Fund to various accounts.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on June 24, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being granted, the bill (S. B. No. 2012) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That chapter twelve, Acts of the Legislature, regular session, two thousand seven, known as the budget bill, be supplemented and amended by adding to Title II, section five thereof, the following:
TITLE II--APPROPRIATIONS.

Sec. 5. Appropriations from State Excess Lottery Revenue Fund.

260a--Division of Finance

Fund 2208 FY 2008 Org 0209

Act-Lottery
ivityFunds
1
Enterprise Resource Planning

2 System Planning Project (R)___
$5,000,000

Any unexpended balance remaining in the appropriation for Enterprise Resource Planning System Planning Project (fund 2208, activity ___) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
The above appropriation for Enterprise Resource Planning System Planning Project, Activity ___, shall be expended upon consultation with the executive and legislative branches.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 1736, fiscal year 2008, organization 2300, be supplemented and amended to read as follows:
259--Joint Expenses

(WV Code Chapter 4)

Fund 1736 FY 2008 Org 2300

Act-Lottery
ivityFunds
1
Enterprise Resource Planning

2 System Development Reserve (R)___
$ 25,000,000

Any unexpended balance remaining in the appropriation for Tax Reduction and Federal Funding Increased Compliance (TRAFFIC)- Lottery Surplus (fund 1736, activity 929) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
Any unexpended balance remaining in the appropriation for Enterprise Resource Planning System Development Reserve - (fund 1736, activity ___) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 3170, fiscal year 2008, organization 0307, be supplemented and amended by increasing an existing item of appropriation and adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Sec. 5. Appropriations from State Excess Lottery Revenue Fund.

262--West Virginia Development Office

(WV Code Chapter 5B)

Fund 3170 FY 2008 Org 0307

Act-Lottery
ivityFunds
1
Recreational Grants or Economic

Development Loans (R)253
$3,000,000

3
Unclassified - Transfer 482
14,000,000

From the above appropriation for Unclassified - Transfer (activity 482), $5,000,000 shall be transferred to the Broadband Deployment Fund (fund 3172) and $9,000,000 shall be transferred to the Infrastructure Jobs and Development Council.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 5219, fiscal year 2008, organization 0506, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Sec. 5. Appropriations from State Excess Lottery Revenue Fund.

263--Division of Health--

Central Office

(WV Code Chapter 16)

Fund 5219 FY 2008 Org 0506

Act-Lottery
ivityFunds
2 Early Intervention223
$2,491,646

The above appropriation for Early Intervention (fund 5219, activity 223) shall be transferred to the West Virginia Birth-to- Three Fund (fund 5214).
The purpose of this supplemental appropriation bill is to supplement, amend, add and increase items of appropriations in the aforesaid accounts for the designated spending units for expenditure during the fiscal year two thousand eight.
The bill (S. B. No. 2012), as amended, was then ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
Engrossed Senate Bill No. 2012 was then read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Senate Bill No. 2012 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Fanning--1.
Absent: Kessler, Sharpe and Wells--3.
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. 2012) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. 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 Joint Expenses, fund 1736, fiscal year 2008, organization 2300, to the West Virginia Development Office, fund 3170, fiscal year 2008, organization 0307, and to the Division of Health - Central Office, fund 5129, 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.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Fanning--1.
Absent: Kessler, Sharpe and Wells--3.
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. 2012) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2019, Making supplemental appropriations from State Fund, General Revenue, to various accounts.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on June 24, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being granted, the bill (S. B. No. 2019) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0155, fiscal year 2008, organization 1600, be supplemented and amended and by adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

18--Department of Administration--

Office of the Secretary

(WV Code Chapter 5F)

Fund 0186 FY 2008 Org 0201

General
Act-Revenue
ivityFunds
8a
Debt Reduction (R)635
23,972,984

Any unexpended balance remaining in the appropriation for Debt Reduction (fund 0186, activity 635) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0195, fiscal year 2008, organization 0205, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

19--Consolidated Public Retirement Board

(WV Code Chapter 5)

Fund 0195 FY 2008 Org 0205

General
Act-Revenue
ivityFunds
5
Consolidated Public Retirement -

6
Transfer 918$25,000,000

The above appropriation for Consolidated Public Retirement - transfer (fund 0195, activity 918) shall be transferred to the Consolidated Public Retirement Board - West Virginia Teachers Retirement System Employers Accumulation Fund (fund 2601).
The appropriation for Consolidated Public Retirement - Transfer (activity 918) shall be applied toward the state cost of the Teachers' Defined Contribution plan participants selection to transfer to the Teachers' Retirement System and any remaining amount of the appropriation in excess of that which may be required to compensate for the aforementioned shall go toward the general unfunded liability of the Teachers' Retirement System.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0611, fiscal year 2008, organization 0232, be supplemented and amended to read as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

31--West Virginia Retiree Health Benefit Trust Fund

(WV Code Chapter 5)

Fund 0611 FY 2008 Org 0232

General
Act-Revenue
ivityFunds
1
Unclassified - Total - Transfer 402
$39,674,000

The above appropriation for Unclassified - Total - Transfer (fund 0611, activity 402) shall be transferred to the Other Post- Employment Benefit Contribution Accumulation Fund (fund 2541, org 0232).
The above funds appropriated and directed to be transferred to the West Virginia Health Benefit Trust Fund - Other Post-Employment Benefit Contribution Accumulation Fund (fund 2541, org 0232) shall be treated by the Trust as elective payments (over and above the minimum annual employer payment) made by respective employers in the West Virginia Public Employees Insurance Agency that are identified in the "PEIA Financial Plan" as "state fund risk pool" employers, for General Revenue Fund compensated public employees. Such state fund risk pool employers shall be credited by the trust on a pro rata basis for these amounts paid on their behalf toward the annual required contribution as addressed in section six, article sixteen-d, chapter five of this code.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0256, fiscal year 2008, organization 0307, be supplemented and amended by adding a new item of appropriation and increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF COMMERCE

36--West Virginia Development Office

(WV Code Chapter 5B)

Fund 0256 FY 2008 Org 0307

General
Act-Revenue
ivityFunds
6a
Infrastructure Projects (R)079
$150,000

35
Local Economic Development

36
Assistance (R)819
2,500,000

Any unexpended balance remaining in the appropriation for Infrastructure Projects (fund 0256, activity 079) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0265, fiscal year 2008, organization 0310, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF COMMERCE

38--Division of Natural Resources

(WV Code Chapter 20)

Fund 0265 FY 2008 Org 0310

General
Act-Revenue
ivityFunds
8a
Land Purchase (R)761
$5,000,000

Any unexpended balance remaining in the appropriation for Land Purchase (fund 0265, activity 761) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.

The above appropriation for Land Purchase (activity 761) is authorized for expenditure: Provided, That by the first day of January, two thousand nine, a certified appraisal is completed and a letter of intent to purchase the land has been issued, as certified by the Secretary of the Department of Commerce.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0313, fiscal year 2008, organization 0402, be supplemented and amended by adding new items of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION

46--State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2008 Org 0402

General
Act-Revenue
ivityFunds
7a
Transportation154
$5,000,000

11a
Tax Assessment Errors 353
100,282

And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0294, fiscal year 2008, organization 0431, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

Office of the Secretary

(WV Code Chapter 10)

Fund 0294 FY 2008 Org 0431

General
Act-Revenue
ivityFunds
4a
Digital Conversion (R)247
$800,000

Any unexpended balance remaining in the appropriation for Digital Conversion (fund 0300, activity 247) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.

And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0273, fiscal year 2008, organization 0313, be supplemented and amended to read as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ENVIRONMENTAL

PROTECTION

58--Division of Environmental Protection

(WV Code Chapter 22)

Fund 0273 FY 2008 Org 0313

General
Act-Revenue
ivityFunds
1
Personal Services 001
$3,574,292

2
Annual Increment004
57,846

3
Employee Benefits 010
1,222,702

4
Unclassified099
844,613

5
Dam Safety607
207,105

6
West Virginia Stream Partners

7
Program 637
77,396

8
WV Contribution to River

9
Commissions 776
148,485

10
Efficiency Savings799
-0-

11
Office of Water Resources

12
Nonenforcement Activity855
1,141,267

13
BRIM Premium913
56,802

14
Welch DEP Office Continuing

15
Operation 993
79,115

16
Total
$7,409,623

From the above appropriations (fund 0273, organization 0313) an amount not to exceed $350,000 may be transferred to the Dam Safety Rehabilitation Revolving Fund (fund 3025).
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0407, fiscal year 2008, organization 0506, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF HEALTH AND HUMAN

RESOURCES

61--Division of Health--

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2008 Org 0506

General
Act-Revenue
ivityFunds
27
Maternal and Child Health Clinics,

28
Clinicians and Medical Contracts

29
and Fees (R)575
$1,008,354

Any unexpended balances remaining in the appropriations for Emergency Response Entities - Special Projects (fund 0407, activity 822), and Antiviral Vaccine Purchases (fund 0407, activity 955) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.

And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0403, fiscal year 2008, organization 0511, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF HEALTH AND HUMAN

RESOURCES

65--Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2008 Org 0511

General
Act-Revenue
ivityFunds
31
Grants for Licensed Domestic Violence

32
Programs and Statewide

33
Prevention (R)750
$1,000,000

Any unexpended balance remaining in the appropriation for Grants for Licensed Domestic Violence Programs and Statewide Prevention (fund 0403, activity 750) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0470, fiscal year 2008, organization 0702, be supplemented and amended by increasing an existing item of appropriation and adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF REVENUE

81--Tax Division

(WV Code Chapter 11)

Fund 0470 FY 2008 Org 0702

General
Act-Revenue
ivityFunds
4
Unclassified (R)099
$1,300,000

4a
Unclassified - Transfer 482
40,000,000

The above appropriation for Unclassified - Transfer (fund 0470, activity 482) shall be transferred to the Motor Fuel Excise Tax Shortfall Reserve Fund.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand eight, to fund 0589, fiscal year 2008, organization 0441, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

HIGHER EDUCATION

90--Higher Education Policy Commission--

Administration-

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2008 Org 0441

General
Act-Revenue
ivityFunds
6
PROMISE Scholarship - Transfer800
$1,445,000

The purpose of this supplemental appropriation bill is to supplement, amend, increase and add items of appropriations in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2008.

The bill (S. B. No. 2012), as amended, was then ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Kessler, Sharpe and Wells--3.
Engrossed Senate Bill No. 2019 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 2019 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Sypolt--1.
Absent: Kessler, Sharpe and Wells--3.
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. 2019) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. 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 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 - Office of the Secretary, fund 0294, fiscal year 2008, organization 0431, 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.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Sypolt--1.
Absent: Kessler, Sharpe and Wells--3.
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. 2019) 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 a meeting of a standing committee 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 resumed business under the fourth order.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2014, Making supplemental appropriations from State Fund, General Revenue, to various accounts .
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on June 24, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
 At the request of Senator Chafin, unanimous consent being granted, the bill (S. B. No. 2014) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
 On page three, section one, line three, by striking out "$205,000" and inserting in lieu thereof "$30,000".
 The bill (S. B. No. 2014), as amended, was then ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
 Engrossed Senate Bill No. 2014 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
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. 2014) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
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. 2014) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
 Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2001, Establishing testing schedule for school bus operators.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on June 24, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being granted, the bill (S. B. No. 2001) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-8e. Competency testing for service personnel; and recertification testing for bus operators.

(a) The State Board of Education shall develop and cause to be made make available competency tests for all of the classification titles defined in section eight of this article and listed in section eight-a of this article for service personnel. Each classification title defined and listed is considered a separate classification category of employment for service personnel and has a separate competency test, except for those class titles having Roman numeral designations, which are considered a single classification of employment and have a single competency test.
(1) The cafeteria manager class title is included in the same classification category as cooks and has the same competency test.
(2) The executive secretary class title is included in the same classification category as secretaries and has the same competency test.
(3) The classification titles of chief mechanic, mechanic and assistant mechanic are included in one classification title and have the same competency test.
(b) The purpose of these tests is to provide county boards of education a uniform means of determining whether school service personnel employees who do not hold a classification title in a particular category of employment meet the definition of the classification title in another category of employment as defined in section eight of this article. Competency tests may not be used to evaluate employees who hold the classification title in the category of their employment.
(c) The competency test consists of an objective written or performance test, or both. Provided, That applicants have the opportunity to Applicants may take the written test orally if requested. Oral tests are recorded mechanically and kept on file. The oral test is administered by persons who do not know the applicant personally.
(1) The performance test for all classifications and categories other than bus operator is administered by an employee of the county board of education or an employee of a multicounty vocational school that serves the county at a location designated by the superintendent and approved by the board. The location may be a vocational school that serves the county.
(2) A standard passing score is established by the State Department of Education for each test and is used by county boards. of education
(3) The subject matter of each competency test is commensurate with the requirements of the definitions of the classification titles as provided in section eight of this article. The subject matter of each competency test is designed in such a manner that achieving a passing grade does not require knowledge and skill in excess of the requirements of the definitions of the classification titles. Achieving a passing score conclusively demonstrates the qualification of an applicant for a classification title.
(4) Once an employee passes the competency test of a classification title, the applicant is fully qualified to fill vacancies in that classification category of employment as provided in section eight-b of this article and shall may not be required to take the competency test again.
(d) An applicant who fails to achieve a passing score is given other opportunities to pass the competency test when making application for another vacancy within the classification category.
(e) Competency tests are administered to applicants in a uniform manner under uniform testing conditions. County boards of education are responsible for scheduling competency tests, notifying applicants of the date and time of the one day of training prior to taking the test, and the date and time of the test. County boards of education may not use a competency test other than the test authorized by this section.
(f) When scheduling of the competency test conflicts with the work schedule of a school employee who has applied for a vacancy, the employee is excused from work to take the competency test without loss of pay.
(g) A minimum of one day of appropriate in-service training is provided to employees to assist them in preparing to take the competency tests.
(h) Competency tests are used to determine the qualification of new applicants seeking initial employment in a particular classification title as either a regular or substitute employee.
(i) Notwithstanding any provisions in this code to the contrary, once an employee holds or has held a classification title in a category of employment, that employee is considered qualified for the classification title even though that employee no longer holds that classification.
(j) The requirements of this section do not alter the definitions of class titles as provided in section eight of this article or the procedure and requirements of section eight-b of this article.
(k) Notwithstanding any other provision of this code to the contrary, the competency test for a bus operator is administered as follows:
(1) For a bus operator with regular employee status and continuing contract status who has been employed less than five consecutive years, the test is administered biennially and may not be administered more frequently;
(2) For a bus operator with regular employee status and continuing contract status who has been employed at least five consecutive years, the test is administered every third year and may not be administered more frequently; and
(3) For a substitute bus operator or for a bus operator with regular employee status but on a probationary contract, the test is administered annually.
 The bill (S. B. No. 2001), as amended, was then ordered to engrossment and third reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 2010, Relating to regulation and control of elections.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 2010 (originating in the Committee on the Judiciary)--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 characteristics 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; clarifying offenses and penalties; and establishing effective dates.
 With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 2010) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Without objection, the Senate returned to the third order of business.
 A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 211--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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
 On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 211) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
 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. 211) passed with its title.
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. 212--A Bill to amend and reenact §18A-4-8e of the Code of West Virginia, 1931, as amended, relating to competency and recertification testing for service personnel; and establishing a recertification testing schedule for school bus operators.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
The bill (Eng. H. B. No. 212) was then read a second time.
On motions of Senators Plymale and Bowman, the following amendment to the bill was reported by the Clerk and adopted:
 By striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Senate Bill No. 2001.
 The bill, as amended, was 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, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--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. 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, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
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 and request concurrence therein.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 213--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; relating to greyhound training tracks constructed with monies 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; and 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, 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.
Under rule number forty-three of the Rules of the Senate, Senator Green was excused from voting on any matter pertaining to the bill.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Sharpe and Wells--2.
Excused from voting: Green--1.
 The bill (Eng. H. B. No. 213) was then read a second time.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page eleven, section ten, line eleven, after the word "track" by changing the period to a colon and inserting the following proviso: Provided further, That both training track facilities must be located in West Virginia.
 The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 213) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Sharpe and Wells--2.
Excused from voting: Green--1.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 213) passed with its title.
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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 214--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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 214) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--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. 214) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
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. 214) 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. 215--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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
 The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 215) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--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. 215) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
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. 215) 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. 216--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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
 The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 216) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--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. 216) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
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. 216) 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 and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 217--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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 217) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--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. 217) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
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. 217) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
 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. 218--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 establishing the average wholesale price of motor fuel for the two thousand nine calendar year for purposes of calculating the rate of Motor Fuel Excise Tax; 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; providing for the termination of the reserve fund; and requiring the Commissioner of Highways to submit reports to the Joint Committee on Government and Finance.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
 On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Sharpe and Wells--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 218) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: Bailey, McCabe and Minard--3.
Absent: Sharpe and Wells--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. 218) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, White, Yoder and Tomblin (Mr. President)--29.
The nays were: Bailey, McCabe and Minard--3.
Absent: Sharpe and Wells--2.
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. 218) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, June 26, 2008, at 11 a.m.
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