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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

THIRD EXTRAORDINARY SESSION, 2009

FIRST DAY

____________

Charleston, W. Va.,

Tuesday, August 11, 2009

     Pursuant to the proclamation of His Excellency, the Governor, the Honorable Joe Manchin III, dated the eleventh day of August, two thousand nine, convening the seventy-ninth Legislature of West Virginia in extraordinary session today (Tuesday, August 11, 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 5:30 p.m., and was called to order by its President, the Honorable Earl Ray Tomblin.
     Prayer was offered by the Honorable Mike Hall, a senator from the fourth district.
     On the call of the roll, the following answered to their names:
     Senators Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President).
     Thirty-two members having answered to their names, the President declared the presence of a quorum.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, convening the Legislature in extraordinary session, which was read by the Clerk:
STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

A P R O C L A M A T I O N

By the Governor

     I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority vested in me by Section 7, Article VII of the Constitution of West Virginia, do hereby call the Legislature of West Virginia to convene in Extraordinary Session at five-thirty p.m. on the eleventh day of August, 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 relating to extended unemployment compensation benefits; temporarily adopting a state "on" indicator based on the average rate of total unemployment; and adopting other amendments to qualify for additional federal moneys available for extended unemployment compensation benefits, as authorized by the American Recovery and Reinvestment Act of 2009.

     SECOND: Legislation relating to authorizing the Governor to order the payment of a one-time salary enhancement to certain full- time public employees in any fiscal year that the Legislature appropriates moneys for such purpose; specifying that a one-time salary enhancement may not be construed to increase the base salary of a public employee; specifying that the payment of a one-time salary enhancement within any fiscal year is not guaranteed; and providing for disbursement of a one-time salary enhancement in a lump-sum payment.
     THIRD: A supplemental appropriation bill appropriating $5,000,000.00 to fund 3174, fiscal year 2010, organization 0307, of the Department of Commerce, West Virginia Development Office Broadband Deployment Fund account. 
     FOURTH: A supplemental appropriation bill appropriating $2,500,000.00 to fund 0420, fiscal year 2010, organization 0508, of the Bureau of Senior Services account.  
     FIFTH: A supplemental appropriation bill expiring $29,000,000.00 from fund 7203, fiscal year 2010, organization 0705, of the Lottery Commission - Video Lottery Income Fund account to the unappropriated surplus balance in General Revenue and appropriating $34,700,000.00 to fund 0595, fiscal year 2010, organization 0703, of the State Budget Office account, all for the purpose of funding a one-time salary enhancement for certain full- time public employees.
     SIXTH: A supplemental appropriation bill appropriating $169,000.00 to fund 0101, fiscal year 2010, organization 0100, of the Governor's Office account.
     SEVENTH: Legislation to authorize and appropriate the expenditure of public moneys to pay the expenses of this Extraordinary Session.
     IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State of West Virginia, on this the eleventh day of August, in the year of our Lord, Two Thousand Nine, and in the One Hundred Forty-Seventh year of the State.

JOE MANCHIN III,
Governor.
By the Governor:

                                                             NATALIE E. TENNANT,
          Secretary of State.
     Senator Chafin offered the following resolution:
     Senate Resolution No. 301--Raising a committee to inform the House of Delegates the Senate has assembled in extraordinary session.
     Resolved by the Senate:
     That a committee of three be appointed by the President to inform the House of Delegates that the Senate has assembled in extraordinary session, with a quorum present, and is ready to proceed with the business for which the extraordinary session was called by His Excellency, the Governor.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Whereupon, the President appointed as members of such committee the following:
     Senators D. Facemire, Williams and K. Facemyer.
     Subsequently, Senator D. Facemire, 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 Stowers, Hall and Sumner, announced that the House of Delegates has assembled in extraordinary session, with a quorum present, and is ready to proceed with the business stated in the proclamation convening the Legislature.
     Senator Chafin then offered the following resolution:
     Senate Resolution No. 302--Raising a committee to wait upon the Governor.
     Resolved by the Senate:
     That a committee of three on the part of the Senate, to join with a similar committee on the part of the House of Delegates, be appointed by the President to notify His Excellency, the Governor, that at his call the Legislature has assembled in extraordinary session, with a quorum of each house present; and is ready to receive any communication or message he may be pleased to present under section seven, article seven of the Constitution of West Virginia, which provides that no business except that stated in his proclamation be considered.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Whereupon, the President appointed as members of such committee the following:
     Senators Prezioso, Stollings and Guills.
     A message from the House of Delegates, by
     Delegates Campbell, Moore and Schadler, 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. 302. Senate and House members of this select committee then proceeded to the executive offices.
     Subsequently, Senator Prezioso reported that the joint Senate and House committee had performed the duty assigned to it.
     The Clerk presented a communication from the Division of Forestry, submitting its annual Outdoor Heritage Conservation Fund report, in accordance with chapter five-b, article two-g, section six of the code of West Virginia.
     Which report was received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Department of Revenue, submitting its annual Public Employees Insurance Reserve Fund report as required by chapter eleven-b, article two, section fifteen of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Senate proceeded to the third order of business.
Executive Communications

     The following communication from His Excellency, the Governor, was reported by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

August 10, 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 replaces the "General Revenue Fund - Statement of Revenues, Expenditures and Changes in Cash Balance" which I submitted to you on June 15, 2009, as part of my recommended Budget 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, 2009
$        480,786,872

Less:
31 Day Disbursements (July 1, 2009 - July 31, 2009)          (26,034,028  )

          Accumulated Prior Year Reimbursements (July 1, 2009 - July 31, 2009)          4,519
          Prior Year Appropriations Forwarded
__________(432,621,481)

          Accumulated Surplus from FY 2009 @ July 31, 2009
$  22,135,882

Less:
Transfer one-half to Revenue Shortfall Reserve Fund (Statutory)
    (11,067,941)

Plus:
Accumulated Prior Year Reimbursements (August 1, 2009 - August 10, 2009)
  72,570

Plus:
Recommended Expired from Excess Lottery Fund (2009 3rd Special Session)
  29,000,000

Less:
Recommended Surplus Supplemental Appropriations (2009 3rd Special Session)        ____(37,369,000)

          Estimated Unappropriated Surplus Balance from FY 2009 @ June 30, 2010            
$   2,771,511

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
          
$_ 4,794,558

          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.
  Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
  STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

August 11, 2009

Senate Executive Message No. 2


TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I respectfully submit the following nominations for your advice and consent:
      1.  For Member, Fire Commission, Carl Sizemore, Mineral Wells, Wood County, for the term ending June 30, 2013.
      2.  For Member, Fire Commission, Virgil White, South Charleston, Kanawha County, for the term ending June 30, 2012.
      3.  For Member, Fire Commission, Dale Clayton, Fairmont, Marion County, for the term ending June 30, 2011.
      4.  For Member, Fire Commission, Randy James, Gassaway, Braxton County, for the term ending June 30, 2012.
      5.  For Member, Fire Commission, Ted Shriver, Charleston, Kanawha County, for the term ending June 30, 2012.
      6.  For Member, Board of Optometry, Dr. James Campbell, New Martinsville, Wetzel County, for the term ending June 30, 2009.
      7.  For Member, Workforce Investment Council, Russell Fry, Charleston, Kanawha County, for the term ending June 30, 2012.
      8.  For Member, Forest Management Review Commission, The Honorable James Willison, Sistersville, Tyler County, for the term ending March 14, 2015.
      9.  For Member, Fire Commission, Robert Sullivan, Barboursville, Cabell County, for the term ending June 30, 2014.
     10.  For Member, Board of Control for Southern Regional Education Board, The Honorable Thomas Campbell, Lewisburg, Greenbrier County, for the term ending June 30, 2013.
     11.  For Member, Contractor Licensing Board, The Honorable John Pino, Oak Hill, Fayette County, for the term ending June 30, 2013.
     12.  For Member, Board of Optometry, Dr. James Campbell, New Martinsville, Wetzel County, for the term ending June 30, 2012.
     13.  For Member, Commission on the Arts, DeEtta King Hunter, Lewisburg, Greenbrier County, for the term ending June 30, 2012.
     14.  For Member, Health Enhancement and Lifestyle Planning Advisory Council, Amanda Pasdon, Morgantown, Monongalia County, for the term ending June 30, 2013.
     15.  For Member, Health Enhancement and Lifestyle Planning Advisory Council, Gary Johnson, Baker, Hardy County, for the term ending June 30, 2013.
     16.  For Member, Health Enhancement and Lifestyle Planning Advisory Council, Angela Vance, Charleston, Kanawha County, for the term ending June 30, 2012.
     17.  For Member, Health Enhancement and Lifestyle Planning Advisory Council, Denise Campbell, Elkins, Randolph County, for the term ending June 30, 2013.
     18.  For Member, Health Enhancement and Lifestyle Planning Advisory Council, Dr. David Avery, Vienna, Wood County, for the term ending June 30, 2013.
     19.  For Member, Health Enhancement and Lifestyle Planning Advisory Council, Karen Bowling, Beckley, Raleigh County, for the term ending June 30, 2013.
     20.  For Member, Health Enhancement and Lifestyle Planning Advisory Council, Dr. Steven Sebert, Barboursville, Cabell County, for the term ending June 30, 2010.
     21.  For Member, Health Enhancement and Lifestyle Planning Advisory Council, Brandon Tinney, Charleston, Kanawha County, for the term ending June 30, 2012.
     22.  For Member, Health Enhancement and Lifestyle Planning Advisory Council, Ryan Ferns, Wheeling, Ohio County, for the term ending June 30, 2013.
     23.  For Member, West Virginia University Board of Governors, Diane Lewis, Morgantown, Monongalia County, for the term ending June 30, 2013.
     24.  For Member, West Virginia University Board of Governors, John Mattern, Fairmont, Marion County, for the term ending June 30, 2013.
     25.  For Member, West Virginia University Board of Governors, Dr. Thomas Samuel Clark, Bruceton Mills, Preston County, for the term ending June 30, 2013.
     26.  For Member, Natural Resources Commission, David Milne, Bruceton Mills, Preston County, for the term ending June 30, 2016.
     27.  For Member, Natural Resources Commission, Dr. Thomas Dotson, White Sulphur Springs, Greenbrier County, for the term ending June 30, 2011.
     28.  For Member, Investment Management Board of Trustees, Frank Oates, Morgantown, Monongalia County, for the term ending January 31, 2011.
     29.  For Member, Investment Management Board of Trustees, Randy Snider, Parkersburg, Wood County, for the term ending January 31, 2011.
     30.  For Member, Investment Management Board of Trustees, Guy Bucci, Charleston, Kanawha County, for the term ending January 31, 2013.
     31.  For Member, Investment Management Board of Trustees, Rob Alsop, Charleston, Kanawha County, for the term ending January 31, 2013.
     32.  For Member, Public Employees Insurance Agency Finance Board, James Dailey II, Martinsburg, Berkeley County, for the term ending June 30, 2013.
     33.  For Member, Public Employees Insurance Agency Finance Board, John Ruddick, Hurricane, Putnam County, for the term ending June 30, 2010.
     34.  For Member, Public Employees Insurance Agency Finance Board, Troy Giatras, Charleston, Kanawha County, for the term ending June 30, 2013.
     35.  For Member, Kanawha Valley Community and Technical College Board of Governors, Bradley Shafer, Clendenin, Kanawha County, for the term ending June 30, 2012.
     36.  For Member, Board of Examiners of Psychologists, Terri Sigley, Morgantown, Monongalia County, for the term ending June 30, 2012.
     37.  For Member, Board of Examiners of Psychologists, Dr. Tina Yost, Fairmont, Marion County, for the term ending June 30, 2012.
     38.  For Member, Board of Examiners of Psychologists, Michael Folio, Hurricane, Putnam County, for the term ending June 30, 2012.
     39.  For Member, Statewide Independent Living Council, Scott Adkins, St. Albans, Kanawha County, for the term ending June 30, 2012.
     40.  For Member, Statewide Independent Living Council, Erick Dowdy, Huntington, Cabell County, for the term ending June 30, 2012.
     41.  For Member, Statewide Independent Living Council, Nathan Parker, Huntington, Cabell County, for the term ending June 30, 2012.
     42.  For Member, Statewide Independent Living Council, Anne Weeks, Huntington, Cabell County, for the term ending June 30, 2012.
     43.  For Member, Statewide Independent Living Council, Darla Ervin, Morgantown, Monongalia County, for the term ending June 30, 2012.
     44.  For Member, Statewide Independent Living Council, Kevin Maynus, Beckley, Raleigh County, for the term ending June 30, 2012.
     45.  For Member, Statewide Independent Living Council, Joyce Floyd, Elkins, Randolph County, for the term ending June 30, 2012.
     46.   For Member, Library Commission, Dennis Taylor, Winfield, Putnam County, for the term ending June 30, 2010.
     47.  For Member, Library Commission, Mary Bland Strickland, Glenville, Gilmer County, for the term ending June 30, 2011.
     48.  For Member, Library Commission, Katy White, Charleston, Kanawha County, for the term ending June 30, 2011.
     49.  For Member, Library Commission, Betty Gunnoe, Martinsburg, Berkeley County, for the term ending June 30, 2012.
     50.  For Member, Library Commission, Dennis Altizer, War, McDowell County, for the term ending June 30, 2013.
     51.  For Member, Library Commission, Connie Shumate, Princeton, Mercer County, for the term ending June 30, 2013.
     52.  For Member, Library Commission, David Dalzell, Moundsville, Marshall County, for the term ending June 30, 2013.
     53.  For Member, Library Commission, Dr. Charles Julian, Wheeling, Ohio County, for the term ending June 30, 2012.
     54.  For Member, West Virginia University Institute of Technology Community and Technical College Board of Governors, Mildred Shelton, Oak Hill, Fayette County, for the term ending June 30, 2013.
     55.  For Member, Board of Examiners in Counseling, Marilyn Cassis, Charleston, Kanawha County, for the term ending June 30, 2014.
     56.  For Member, Fire Commission, Thomas Keefer, Winfield, Putnam County, for the term ending June 30, 2011.
     57.  For Member, Consolidated Public Retirement Board, David Wyant, Wheeling, Ohio County, for the term ending June 30, 2013.
     58.  For Member, Commission on the Arts, Max Armentrout, Elkins, Randolph County, for the term ending June 30, 2012.
     59.  For Member, Board of Physical Therapy, John Spiker, Morgantown, Monongalia County, for the term ending June 30, 2014.
     60.  For Member, Board of Physical Therapy, Lesleigh Barber- Sprouse, Charleston, Kanawha County, for the term ending June 30, 2013.
     Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
     
Sincerely,

     
Joe Manchin III,

     
Governor.

     Which communication was received and referred to the Committee on Confirmations.
     On motion of Senator Stollings, consideration of the nominations immediately hereinbefore reported was made a special order of business under unfinished business for tomorrow, Wednesday, August 12, 2009.
     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. 3001--A Bill to amend and reenact §21A-6A-1, §21A-6A-5 and §21A-6A-6 of the Code of West Virginia, 1931, as amended, all relating to extended unemployment compensation benefits; providing for a temporary state "on" indicator based on the average rate of total unemployment; providing for temporary increases in the extended benefit period and total extended benefit amount during a high unemployment period; making technical amendments throughout; and correcting nomenclature throughout.
     At the request of Senator Chafin, unanimous consent being granted, 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: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Palumbo and Plymale--2.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 3001 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, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Palumbo and Plymale--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 3001) 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, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Palumbo and Plymale--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. 3001) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
     
Senate Bill No. 3002--
A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7, relating to one-time salary enhancements; authorizing the Governor to order the payment of a one-time salary enhancement to certain public employees in any fiscal year that the Legislature has appropriated moneys for such purpose; providing for disbursement of the salary enhancement; and defining terms.
     At the request of Senator Chafin, unanimous consent being granted, 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: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Palumbo and Plymale--2.
     The bill (S. B. No. 3002) was read a second time.
     On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
     On page two, section seven, line eight, after the word "Governor" by striking out the comma and the words "but within the limits of moneys appropriated by the Legislature,".
     The bill, as amended, was ordered to engrossment and third reading.  
     Engrossed Senate Bill No. 3002 was then read a third time and put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Senate Bill No. 3002 pass?"
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: Barnes and Sypolt--2.
     Absent: Palumbo and Plymale--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 3002) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: Barnes and Sypolt--2.
     Absent: Palumbo and Plymale--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. 3002) takes effect from passage.
     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 Senator Barnes regarding the passage of Engrossed Senate Bill No. 3002 were ordered printed in the Appendix to the Journal.
     By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
     
Senate Bill No. 3003--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2010, to the Department of Commerce - West Virginia Development Office - Broadband Deployment Fund, fund 3174, fiscal year 2010, organization 0307, by supplementing and amending chapter 10, Acts of the Legislature, regular session, 2009, known as the Budget Bill.
     At the request of Senator Chafin, unanimous consent being granted, 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: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Palumbo and Plymale--2.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 3003 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, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Palumbo and Plymale--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. 3003) 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, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Palumbo and Plymale--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. 3003) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
     
Senate Bill No. 3004--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2010, in the amount of $29,000,000 from the Lottery Commission - Video Lottery Income Fund, fund 7203, fiscal year 2010, organization 0705, and 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, fund 0101, fiscal year 2010, organization 0100, to the Department of Revenue - State Budget Office, fund 0595, fiscal year 2010, organization 0703, and to the Bureau of Senior Services, fund 0420, fiscal year 2010, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2010.
     At the request of Senator Chafin, unanimous consent being granted, 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: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Palumbo and Plymale--2.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 3004 was then read a third time and put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Senate Bill No. 3004 pass?"
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Barnes--1.
     Absent: Palumbo and Plymale--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. 3004) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Barnes--1.
     Absent: Palumbo and Plymale--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. 3004) takes effect from passage.
     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 Barnes and Helmick regarding the passage of Engrossed Senate Bill No. 3004 were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     Pending announcement of a meeting of a standing committee of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, August 12, 2009, at 11 a.m.
____________

SENATE CALENDAR


Wednesday, August 12, 2009


11:00 A.M.

_________


UNFINISHED BUSINESS


_________


SPECIAL ORDER OF BUSINESS



Consideration of executive nominations


__________


ANNOUNCED SENATE MEETINGS


Third Extraordinary Session 2009


__________


Wednesday, August 12, 2009


Confirmations Committee:
  10:30 a.m. (Room No. 208W)

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