WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2009
FIRST DAY
____________
Charleston, W. Va.,
Monday, June 15, 2009
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the twelfth day of June, two
thousand nine, convening the seventy-ninth Legislature of West
Virginia in extraordinary session today (Monday, June 15, 2009),
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 12 o'clock Noon,
and was called to order by its President, the Honorable Earl Ray
Tomblin.
Prayer was offered by the Honorable William R. Laird IV, a
senator from the eleventh district.
On the call of the roll, the following answered to their
names:
Senators Barnes, Boley, Bowman, Browning, Caruth, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Helmick, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Wells, White, Williams, Yost and Tomblin (Mr. President).
Twenty-five 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 twelve
o'clock noon on the fifteenth day of June, two thousand nine, in
its chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:
FIRST: Legislation to authorize and appropriate the
expenditure of public moneys to pay the expenses of this
extraordinary session.
SECOND: A supplemental appropriation bill to fund 0596,
fiscal year 2009, organization 0420, of the Higher Education
account.
THIRD: A supplemental appropriation bill to fund 0586, fiscal
year 2009, organization 0442, of the Higher Education account.
FOURTH: A supplemental appropriation bill to fund 4925, fiscal year 2009, organization 0441, of the Higher Education Policy
Commission account.
FIFTH: A supplemental appropriation bill to fund 3517, fiscal
year 2010, organization 0402, of the State Department of Education
account.
SIXTH: A supplemental appropriation bill to fund 3951, fiscal
year 2009, organization 0402, of the State Department of Education
account.
SEVENTH: A supplemental appropriation bill to fund 0450,
fiscal year 2009, organization 0608, of the Department of Military
Affairs and Public Safety account.
EIGHTH: A supplemental appropriation bill to fund 0403,
fiscal year 2009, organization 0511, of the Department of Health
and Human Resources account.
NINTH: A supplemental appropriation bill to fund 0407, fiscal
year 2009, organization 0506, of the Department of Health and Human
Resources account.
TENTH: A supplemental appropriation bill to fund 0126, fiscal
year 2009, organization 1300, of the Treasurer's Office account.
ELEVENTH: A supplemental appropriation bill to fund 0293,
fiscal year 2009, organization 0432, of the Department of Education
and the Arts account.
TWELFTH: A supplemental appropriation bill to fund 0105,
fiscal year 2009, organization 0100, of the Governor's Office
account.
THIRTEENTH: A supplemental appropriation bill to fund 0155, fiscal year 2009, organization 1600, of the Secretary of State
account.
FOURTEENTH: A supplemental appropriation bill to fund 0256,
fiscal year 2009, organization 0307, of the Department of Commerce
account.
FIFTEENTH: A supplemental appropriation bill to fund 0273,
fiscal year 2009, organization 0313, of the Department of
Environmental Protection account.
SIXTEENTH: A supplemental appropriation bill to fund 9017,
fiscal year 2009, organization 0803, of the Department of
Transportation account.
SEVENTEENTH: A supplemental appropriation bill to fund 0186,
fiscal year 2009, organization 0201, of the Department of
Administration account.
EIGHTEENTH: A supplemental appropriation bill to fund 0310,
fiscal year 2010, organization 0932, of the Department of Education
and the Arts account.
NINETEENTH: A supplemental appropriation bill to fund 4908,
fiscal year 2009, organization 0442, of the Community and Technical
College account.
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, on this the twelfth day
of June, in the year of our Lord, Two Thousand Nine, and in the One
Hundred Forty-Sixth year of the
State.
JOE MANCHIN III,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
Senator Edgell 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 Edgell, 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 Prezioso, White and Guills.
Subsequently, Senator Prezioso, 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 Smith, Manypenny and Shott, 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 Edgell 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 Edgell, 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 Caruth.
A message from the House of Delegates, by
Delegates Ferro, Skaff and Andes, 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 Senate proceeded to the third order of business.
Executive Communications
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
June 15, 2009
Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following amends and replaces the "General Revenue Fund - Statement of Revenues, Expenditures, and
Changes in Cash Balance" which I submitted to you on February 11, 2009 as part of my Budget Document for the fiscal
year ending June 30, 2010.
General Revenue Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
Actual Cash Balance July 1, 2008$ 550,403,269
Less:31 Day Disbursements (July 1, 2008 - July 31, 2008) ( 105,527,291 )
Accumulated Prior Year Reimbursements (July 1, 2008 - July 31, 2008) 27,820
Prior Year Appropriations Forwarded________( 409,626,269__)
Accumulated Surplus from FY 2008 @ July 31, 2008$ 35,277,529
Less:Transfer one-half to Revenue Shortfall Reserve Fund (Statutory) ( 17,638,764 )
Plus:Accumulated Prior Year Reimbursements (August 1, 2008 - June 11, 2009) 304,344
Plus:Transfer from Rainy Day Fund (2009 1st Special Session) SB1014 26,500,000
Less:Surplus Supplemental Appropriations (2009 1st Special Session) SB1014 ( 26,500,000 )
Recommended Surplus Supplemental Appropriations (2009 2nd Special Session) _( 15,330,000)
Estimated Unappropriated Surplus Balance from FY 2008 @ June 30, 2009 $ 2,613,109
Plus:Revenue Estimate FY 2009$ 3,902,733,000
Less:Regular Appropriations FY 2009________( 3,898,995,854__)
Estimated Unappropriated Balance from FY 2009 @ June 30, 2009 $ 3,737,146
Plus:Revenue Estimate FY 2010$ 3,788,000,000
Less:Regular Appropriations FY 2010________( 3,785,976,953__)
Estimated Unappropriated Balance from FY 2010 @ June 30, 2010 $ 2,023,047
Estimated Cash (Unappropriated) Balance @ June 30, 2010 $_8,373,302
The following amends and replaces the "Lottery Fund - Statement of Revenues, Expenditures, and Changes in
Cash Balance" which I submitted to you on February 11, 2009 as part of my Budget Document for the fiscal year ending
June 30, 2010.
Lottery Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
Surplus Balance @ July 1, 2008$ 41,929,413
Less:Reserve for Cash Flow / Contingencies________( 40,000,000__)
Unappropriated Surplus Balance from FY 2008 @ June 15, 2009 1,929,413
Plus:Revenue Estimate FY 2009 170,900,000
Less:Veterans Fund________( 800,000__)
Revenue Available for FY 2009 Appropriations 172,029,413
Less:Regular Appropriations FY 2009 ( 168,154,512 )
Less:Recommended Supplemental Appropriations (2009 2nd Special Session):
Public Education - GED Testing ( 75,000 )
Public Education - Tax Assessment Errors ( 170,295 )
Public Education - Student Enrichment Program ( 1,200,000 )
Higher Education - Unclassified (College Awareness / Outreach / Recruitment) ( 2,000,000)
Higher Education - Alzheimer's Registry ( 150,000 )
Higher Education - Glenville State College (Correctional Program)_( 250,000__)
Estimated Unappropriated Balance from FY 2009 @ June 30, 2009 $29,606
Plus:Revenue Estimate FY 2010 166,812,000
Less:Veterans Fund________( 800,000__)
Revenue Available for FY 2010 Appropriations 166,012,000
Less:Regular Appropriations FY 2010________( 166,010,000__)
Estimated Unappropriated Balance from FY 2010 @ June 30, 2010 $ 2,000
Estimated Unappropriated Balance @ June 30, 2010 $_31,606
The following amends and replaces the "Excess Lottery Fund - Statement of Revenues, Expenditures, and
Changes in Cash Balance" which I submitted to you on March 19, 2009 for the fiscal year ending June 30, 2010.
Excess Lottery Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
Surplus Balance @ July 1, 2008$ 123,022,202
Less:Reserve for Cash Flow / Contingencies ( 2,900,000 )
Less:Surplus Supplemental Appropriation (2009 1st Special Session) SB1015_( 21,000,000__)
Unappropriated Surplus Balance from FY 2008 @ June 15, 2009 99,122,202
Plus:Revenue Estimate FY 2009 360,700,000
Less:Catastrophic Event________( 30,000,000__)
Revenue Available for FY 2009 Appropriations 429,822,202
Less: Regular Appropriations FY 2009________( 330,700,000__)
Estimated Unappropriated Balance from FY 2009 @ June 30, 2009 $ 99,122,202
Plus:Revenue Estimate FY 2010 342,118,000
Less:Catastrophic Event ( 29,179,157 )
Less:Additional Reserve for Cash Flow________( 820,843__)
Revenue Available for FY 2010 Appropriations 312,118,000
Less:Regular Appropriations FY 2010 ( 307,118,000 )
Less:Recommended Supplemental Appropriation (2009 2nd Special Session):
Public Education - Student Enrichment Program________( 5,000,000__)
Estimated Unappropriated Balance from FY 2010 @ June 30, 2010 $ 0
Estimated Unappropriated Balance @ June 30, 2010 $_99,122,202
Thank you for your cooperation in this matter.
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 making a supplementary
appropriation of Lottery Net Profits from the balance of moneys
remaining as an unappropriated balance in Lottery Net Profits to
the State Department of Education, fund 3951, fiscal year 2009, organization 0402, to the Community and Technical College Capital
Improvement Fund, fund 4908, fiscal year 2009, organization 0442,
and to the Higher Education Policy Commission - Lottery Education -
Higher Education Policy Commission - Control Account, fund 4925,
fiscal year 2009, organization 0441, by supplementing and amending
the appropriations for the fiscal year ending June 30, 2009.
At the request of Senator Edgell, 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 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 2009, organization 0201, by
supplementing and amending the appropriations for the fiscal year
ending June 30, 2009.
At the request of Senator Edgell, 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 making a supplementary appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue, to the Governor's Office - Civil
Contingent Fund, fund 0105, fiscal year 2009, organization 0100, to
the Treasurer's Office, fund 0126, fiscal year 2009, organization
1300, to the Secretary of State, fund 0155, fiscal year 2009,
organization 1600, to the Department of Commerce - West Virginia
Development Office, fund 0256, fiscal year 2009, organization 0307,
to the Department of Education and the Arts - Division of Culture
and History, fund 0293, fiscal year 2009, organization 0432, to the
Department of Environmental Protection - Division of Environmental
Protection, fund 0273, fiscal year 2009, organization 0313, to the
Department of Health and Human Resources - Division of Health -
Central Office, fund 0407, fiscal year 2009, organization 0506, to
the Department of Health and Human Resources - Division of Human
Services, fund 0403, fiscal year 2009, organization 0511, to the
Department of Military Affairs and Public Safety - Division of
Corrections - Correctional Units, fund 0450, fiscal year 2009,
organization 0608, to the West Virginia Council for Community and
Technical College Education - Control Account, fund 0596, fiscal
year 2009, organization 0420, and to the Higher Education Policy
Commission - System - Control Account, fund 0586, fiscal year 2009,
organization 0442, by supplementing and amending the appropriations
for the fiscal year ending June 30, 2009.
At the request of Senator Edgell, 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 supplementing, amending and
increasing items of the existing appropriations from the State Road
Fund to the Department of Transportation, Division of Highways,
fund 9017, fiscal year 2009, organization 0803, for the fiscal year
ending June 30, 2009.
At the request of Senator Edgell, 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 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 Education and the Arts -
State Board of Rehabilitation - Division of Rehabilitation
Services, fund 0310, fiscal year 2010, organization 0932, by
supplementing and amending the appropriations for the fiscal year
ending June 30, 2010.
At the request of Senator Edgell, 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 making a supplementary
appropriation from the State Fund, State Excess Lottery Revenue
Fund, to the State Department of Education, fund 3517, fiscal year
2010, organization 0402, by supplementing and amending the
appropriations for the fiscal year ending June 30, 2010.
At the request of Senator Edgell, 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.
Pending announcement of a meeting of a standing committee of
the Senate, including a majority party caucus,
Senator Edgell then moved that the Senate recess until 5 p.m.
today.
The question being on the adoption of Senator Edgell's motion,
and on this question, Senator Edgell demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Helmick, Laird, McCabe, Minard, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells, White,
Williams, Yost and Tomblin (Mr. President)--27.
The nays were: None.
Absent: Chafin, Deem, Hall, Jenkins, Kessler, Oliverio and
Unger--7.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Edgell's motion had
prevailed.
In accordance with the foregoing motion, the Senate recessed
until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2001, Making supplementary appropriation of
Lottery Net Profits to various accounts.
Senate Bill No. 2002, Making supplementary appropriation from
General Revenue to Department of Administration.
Senate Bill No. 2003, Making supplementary appropriation from
General Revenue to various accounts.
Senate Bill No. 2004, Supplementing, amending and increasing
items from State Road Fund to Department of Transportation.
Senate Bill No. 2005, Making supplementary appropriation from
General Revenue to Department of Education and the Arts.
And,
Senate Bill No. 2006, Making supplementary appropriation from
State Excess Lottery Revenue Fund to Department of Education.
All on second reading, having been read a first time and
referred to the Committee on Finance on June 15, 2009;
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. 2001 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration.
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: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Wells, White, Williams, Yost and Tomblin (Mr.
President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2001 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2001) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells,
White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2001) 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. 2002 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration.
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: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Wells, White, Williams, Yost and Tomblin (Mr.
President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2002 was then read a third time and
put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2002) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells,
White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2002) 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. 2003
contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration.
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: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Wells, White, Williams, Yost and Tomblin (Mr.
President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2003 was then read a third time and
put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2003) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells,
White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2003) 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 Caruth, unanimous consent being
granted, Senator Caruth addressed the Senate regarding anticipated
action on Senate Bill No. 2004 and the Parkways Authority's
proposed Turnpike toll rate increase
.
Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senator Caruth were ordered printed in the
Appendix to the Journal.
At the request of Senator Chafin, unanimous consent being
granted, Senate Bill No. 2004 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration.
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: Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells,
White, Williams, Yost and Tomblin (Mr. President)--27.
The nays were: Barnes and Caruth--2.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2004 was then read a third time and
put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2004) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells,
White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2004) 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. 2005 contained in the preceding report
from the Committee on Finance was taken up for immediate consideration.
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: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Wells, White, Williams, Yost and Tomblin (Mr.
President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2005 was then read a third time and
put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2005) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells,
White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2005) 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. 2006 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration.
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: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Wells, White, Williams, Yost and Tomblin (Mr.
President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2006 was then read a third time and
put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2006) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells,
White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 2006) 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 adjourned until
tomorrow, Tuesday, June 16, 2009, at 12 o'clock Noon.
____________