WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2008

FIFTH DAY

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Charleston, W. Va., Saturday, June 28, 2008

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

Prayer was offered by the Honorable Mike Hall, a senator from the fourth district.
Pending the reading of the Journal of Friday, June 27, 2008,
On motion of Senator Stollings, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the seventh order of business.
House Concurrent Resolution No. 202, The Charles L. Miller Bridge.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
The Senate proceeded to the eighth order of business.
Com. Sub. for Senate Bill No. 2010, Relating to regulation and control of elections.
On third reading, coming up in regular order, with the right having been granted on Thursday, June 26, 2008, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Chafin, the bill was referred to the Committee on Rules.
Eng. House Bill No. 219, Relating to the regulation and control of elections.
On third reading, coming up in regular order, was read a third time and put upon its passage.
The Clerk announced that the following notice of pairs on the passage of the bill was on his desk:
Senator Bowman--Yea.
Senator McKenzie--Nay.

Pending extended discussion and points of inquiry to the President, with resultant response thereto,
The question being "Shall Engrossed House Bill No. 219 pass?"
On the passage of the bill, the yeas were: Bailey, Chafin, Edgell, Fanning, Foster, Green, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Stollings, Unger, White and Tomblin (Mr. President)--19.
The nays were: Barnes, Boley, Caruth, Deem, Facemyer, Hall, Sprouse, Sypolt and Yoder--9.
Absent: Guills, Prezioso, Sharpe and Wells--4.

Paired: Bowman (For), McKenzie (Against)--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 219) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Caruth, and by unanimous consent, the remarks by Senators Jenkins, Kessler, Yoder, Barnes and Hunter regarding the passage of Engrossed House Bill No. 219 were ordered printed in the Appendix to the Journal.
At the request of Senator Sypolt, unanimous consent being granted, the remarks by Senator Caruth regarding the passage of Engrossed House Bill No. 219 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for five minutes.
Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 201, Requesting Division of Highways name bridge near Eleanor, Putnam County, "Johnathon David Higginbotham Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
Eng. House Bill No. 219, Relating to the regulation and control of elections.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 28th day of June, 2008, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 2011), Making supplemental appropriations from Lottery Net Profits to various lottery education funds.
(S. B. No. 2012), Making supplemental appropriations from State Excess Lottery Revenue Fund to various accounts.
(S. B. No. 2013), Making supplemental appropriation from Lottery Net Profits to Lottery Senior Citizens Fund.
(S. B. No. 2014), Making supplemental appropriations from State Fund, General Revenue, to various accounts.
(S. B. No. 2015), Making supplemental appropriation from State Debt Reduction Fund, FY 2009.
(S. B. No. 2016), Making supplemental appropriation from State Excess Lottery Revenue Fund to Excess Lottery Revenue Fund Surplus.
(S. B. No. 2017), Making supplemental appropriation from State Debt Reduction Fund, FY 2008.
(S. B. No. 2018), Making supplemental appropriation from federal funds to State Police.
(S. B. No. 2019), Making supplemental appropriations from State Fund, General Revenue, to various accounts.
 (H. B. No. 210), Relating to the State Teachers Retirement System and the Teachers' Defined Contribution System.
 (H. B. No. 211), Requiring certain purchasers of catalytic converters to obtain and maintain information from the sellers.
(H. B. No. 212), Establishing a testing schedule for school bus operators.
(H. B. No. 213), Relating to bona fide residents wholly or solely owning greyhounds.
(H. B. No. 214), Relating to annual incremental salary increases for certain state employees.
(H. B. No. 215), Eliminating consecutive term limits for library boards of directors.
(H. B. No. 216), Relating to payments for certain state employees for unused sick leave days.
(H. B. No. 217), Requiring employment preference to professional educators for summer school programs.
And,
(H. B. No. 218), Relating to motor fuel excise tax.
 Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
 Senator Chafin offered the following pre-adjournment resolution:
Senate Resolution No. 203--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
Senators Edgell, Unger and Barnes.
Subsequently, Senator Edgell reported that the duties assigned by Senate Resolution No. 203 had been performed.
Thereafter, a three-member delegation from the House of Delegates, namely
Delegates Yost, Browning and Carmichael, announced that that body also had completed its labors and was ready to adjourn sine die.
Senator Chafin then offered the following resolution:
Senate Resolution No. 204--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Under the provisions of the foregoing resolution, Senator Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:
Senators Fanning, Minard and Boley.
Delegates Hrutkay, Tucker and Rowan, then announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.
Senators Fanning, Minard and Boley, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.
Subsequently, Senator Fanning, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Fanning then reported this mission accomplished.
At the request of Senator White, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this second extraordinary session of the seventy-eighth Legislature in the year two thousand eight, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.
In accordance with the foregoing unanimous consent agreement, the following report of the Joint Committee on Enrolled Bills was filed as follows:
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 8th day of July, 2008, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 219), Relating to the regulation and control of elections.
 Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Executive Communications

Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency, the Governor, advising that on June 29, 2008, he had approved Enr. Senate Bill No. 2013 and Enr. Senate Bill No. 2017; on June 30, 2008, he had approved Enr. Senate Bill No. 2011, Enr. Senate Bill No. 2014, Enr. Senate Bill No. 2015, Enr. Senate Bill No. 2016, Enr. Senate Bill No. 2018 and Enr. Senate Bill No. 2019; on July 9, 2008, he had approved Enr. House Bill No. 210, Enr. House Bill No. 211, Enr. House Bill No. 212, Enr. House Bill No. 213, Enr. House Bill No. 214, Enr. House Bill No. 215, Enr. House Bill No. 216, Enr. House Bill No. 217 and Enr. House Bill No. 218; and on July 14, 2008, he had approved Enr. House Bill No. 219.
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 29, 2008

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I hereby return Enrolled Senate Bill No. 2012 approved with the following objections.
My first objection to the bill is contained in the title, page 1, which states in pertinent part:
"to Joint Expenses, fund 1736, fiscal year 2008, organization 2300,"
I am eliminating this phrase from the title of this supplemental bill because I am eliminating the appropriation to this fund.
My second objection to the bill is contained in Item 259, page 3, line 25, through page 4, line 48, which states:
"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 two thousand seven is hereby reappropriated for expenditure during the fiscal year two thousand eight.
Any unexpended balance remaining in the appropriation for Enterprise Resource Planning System Development Reserve (fund 1736, activity ___) at the close of the fiscal year two thousand eight is hereby reappropriated for expenditure during the fiscal year two thousand nine."
These monies needed to be set aside in an Executive agency account, so that, after consultation with the legislative branch of government, expenditures could be processed in the most efficient manner. Therefore, I am eliminating this Item number from the supplemental bill in its entirety.
For the reasons stated herein, I have approved, with the above objections, Enrolled Senate Bill No. 2012.
Sincerely,
Joe Manchin III,
Governor.
cc:The Honorable Earl Ray Tomblin
The Honorable Richard Thompson
On motion of Senator Chafin, the second extraordinary session of the Senate in the year two thousand eight adjourned sine die.
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