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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.
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