(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2005

FIRST DAY

____________

Charleston, W. Va., Saturday, April 16, 2005

Pursuant to the proclamation of His Excellency, the Governor, the Honorable Joe Manchin III, dated the sixteenth day of April, two thousand five, convening the seventy-seventh Legislature of West Virginia in extraordinary session today (Saturday, April 16, 2005), 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 immediately upon adjournment sine die of the Extended Budget Session and was called to order by its President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Shirley Love, a senator from the eleventh district.
On the call of the roll, the following answered to their names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President).
Thirty-one 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 upon adjournment sine die of the 2005 Regular Session, as extended by proclamation dated April 6, 2005, and further extended by proclamation dated April 15, 2005, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following matters:
FIRST: Considering and acting upon supplementary appropriation bills.
SECOND: Considering and acting upon 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, this the sixteenth day of April, in the year of our Lord, Two Thousand Five, and in the One Hundred Forty-second year of the State.

Joe Manchin III,
Governor.
By the Governor:
Betty Ireland,
Secretary of State.
Senator Chafin 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 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, Bailey and McKenzie.
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 Amores, Brown and Walters, 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. 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 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 Bowman, Minard and Guills.
A message from the House of Delegates, by
Delegates Amores, Brown and Walters, 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 Bowman reported that the joint Senate and House committee had performed the duty assigned to it.
The Senate proceeded to the third order of business.
The following communication from His Excellency, the Governor, was reported by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 16, 2005

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 "FY 2005 Official Estimate" "General Revenue Fund - Statement of Revenues by Source" which I submitted to you on February 9, 2005, as part of my Executive Budget Document for the fiscal year ending June 30, 2006:
General Revenue Fund

Statement of Revenues by Source

(Expressed in Thousands)

FY 2005
Official
Source of RevenueEstimate
Business and Occupation Tax
$172,500

Consumers Sales Tax951,700
Personal Income Tax1,146,900
1

Liquor Profit Transfers9,000
Racing Fees3,000
Beer Tax and Licenses8,400
Cigarette Tax96,000
Estate Tax4,500
Business Franchise Fees1,900
Charter Tax5,300
Use Tax93,000
Property Transfer Tax9,000
Property Tax4,300
Insurance Tax96,500
Departmental Collections15,000
Corporate Income/Business Franchise Tax266,600
2

Miscellaneous Transfers300
Interest Income14,000
Severance Tax232,500
3

Telecommunications Tax11,000
Miscellaneous Receipts2,000
Smokeless Tobacco Tax4,800
HB102 - Lottery Transfers226,991
4

Video Lottery Transfers-0-
Liquor License Renewal-0-
Special Revenue Transfer40,756
JOBS/Growth Tax Relief - Transfer-0-
Senior Citizen Tax Credit Reimbursement5,000
Total
$3,420,947
5

1Revised from$1,098,700to$1,146,900-Increase of$48,200
2Revised from 175,300to 266,600-Increase of91,300
3Revised from 162,000to 232,500-Increase of70,500
4Revised from 87,800to 226,991-Increase of139,191
5Revised from3,071,756to3,420,947-Increase of349,191
This change is necessary in order to adjust the revenue estimate upward reflecting a stronger than anticipated economy, especially in the Personal Income Tax, Severance Tax and Corporate Income/Business Franchise Tax areas. This change also reflects greater than anticipated transfers from the Excess Lottery Fund.
The following amends and replaces the "Excess Lottery Fund - Statement of Revenues, Expenditures and Changes in Cash Balance" which I submitted to you on February 9, 2005, as part of my Executive Budget Document for the fiscal year ending June 30, 2006:
Excess Lottery Fund

Statement of Revenues, Expenditures and Changes in Cash Balance

(Expressed in Thousands)

Surplus Balance July 1, 2004
$60,954

Less:Surplus Appropriations (SB2011) FY 2005
(17,863)

Unappropriated Surplus Balance
$43,091

Plus:Revised Revenue Estimate FY 2005
317,800

Estimated Balance$360,891

Less:Regular Appropriations FY 2005
(217,800)

Estimated Balance$143,091

Less:Surplus Appropriations (SB3007) FY 2005
(3,900)

Estimated Balance$139,191

Less:Recommended Supplemental Appropriations:
Lottery Commission - General Revenue Transfer(139,191)

Estimated Balance - June 30, 2005$-0-

Plus:Revenue Estimate FY 2006
202,900

Estimated Balance$202,900

Less:Recommended Appropriations FY 2006
Lottery Commission - General Purpose Account$65,000

Education Improvement Fund - (PROMISE Scholarship)27,000

Economic Development Project Fund19,000

School Building Authority19,000

West Virginia Infrastructure Council40,000

Higher Education Improvement Fund10,000

State Park Improvement Fund5,000

Lottery Commission - Refundable Credit Reimbursement5,000

Lottery Commission - General Revenue Transfer12,900(202,900)

Estimated Balance - June 30, 2006
$-0-

This change is necessary in order to adjust the FY 2005 revenue estimate upward reflecting greater than anticipated revenues in the Excess Lottery Fund.
The purpose of this Executive Message is to adjust the revenues for FY 2005 for the General Revenue Fund and the Excess Lottery Fund by recognizing increases in both to allow for necessary supplemental appropriations during the fiscal year and to assist in addressing current unfunded liabilities.
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.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 201--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 Senate, Fund 0165, Fiscal Year 2005, Organization 2100, to the House of Delegates, Fund 0170, Fiscal Year 2005, Organization 2200, to the Joint Expenses, Fund 0175, Fiscal Year 2005, Organization 2300, to the Department of Administration - Division of Purchasing, Fund 0210, Fiscal Year 2005, Organization 0213, to the Department of Administration, Ethics Commission, Fund 0223, Fiscal Year 2005, Organization 0220, to the Educational Broadcasting Authority, Fund 0300, Fiscal Year 2005, Organization 0439, to the Department of Health and Human Resources, Division of Human Services, Fund 0403, Fiscal Year 2005, Organization 0511, to the Department of Military Affairs and Public Safety, West Virginia State Police, Fund 0453, Fiscal Year 2005, Organization 0612, to the Department of Transportation, Aeronautics Commission, Fund 0582, Fiscal Year 2005, Organization 0807, and to the Department of Environmental Protection, Fund 0273, Fiscal Year 2005, Organization 0313, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 201) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 201) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 201) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 202--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Excess Lottery Revenue Fund, to the Lottery Commission - Excess Lottery Revenue Fund Surplus, Fund 7208, Fiscal Year 2005, Organization 0705, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 202) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 202) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 202) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 203--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending the thirtieth day of June, two thousand five, in the amount of one million one hundred thousand dollars from the Industrial Development Loans Fund, Fund 3148, Fiscal Year 2005, Organization 0307, in the amount of one hundred four dollars and twenty-four cents from the Transfers-Governor's Contingency Fund, Fund 1306, Fiscal Year 2005, Organization 1300, and in the amount of two hundred thirty-four thousand five hundred three dollars and eighty-six cents from the Jury Fees Fund, Fund 1314, Fiscal Year 2005, Organization 1300, and making a supplementary appropriation of public moneys out of the Treasury from the unappropriated surplus balance for the fiscal year ending the thirtieth day of June, two thousand five, to the Department of Education and the Arts - Division of Culture and History, Fund 0293, Fiscal Year 2005, Organization 0432, to the Department of Education and the Arts - State Board of Rehabilitation - Division of Rehabilitation Services, Fund 0310, Fiscal Year 2005, Organization 0932, and to the Department of Commerce - West Virginia Development Office - Division of Tourism, Fund 0246, Fiscal Year 2005, Organization 0304.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 203) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 203) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 203) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 204--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to the Higher Education Policy Commission - System - Tuition Fee Capital Improvement Fund (Capital Improvement and Bond Retirement Fund) Control Account, Fund 4903, Fiscal Year 2005, Organization 0442, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 204) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 204) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 204) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 205--A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the State Fund, General Revenue, to the Department of Administration - Public Defender Services, Fund 0226, Fiscal Year 2005, Organization 0221, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 205) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 205) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 205) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 206--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 Governor's Office, Fund 0101, Fiscal Year 2005, Organization 0100, to the Governor's Office - Civil Contingent Fund, Fund 0105, Fiscal Year 2005, Organization 0100, to the West Virginia Conservation Agency, Fund 0132, Fiscal Year 2005, Organization 1400, to the Secretary of State, Fund 0155, Fiscal Year 2005, Organization 1600, to the Department of Administration - Office of the Secretary, Fund 0186, Fiscal Year 2005, Organization 0201, to the Department of Administration - Consolidated Public Retirement Board, Fund 0195, Fiscal Year 2005, Organization 0205, to the Department of Education - State Department of Education, Fund 0313, Fiscal Year 2005, Organization 0402, to the Department of Education - State Department of Education - State Aid to Schools, Fund 0317, Fiscal Year 2005, Organization 0402, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, Fund 0450, Fiscal Year 2005, Organization 0608, to the Department of Military Affairs and Public Safety - Division of Veterans' Affairs, Fund 0456, Fiscal Year 2005, Organization 0613, to the Department of Revenue - Tax Division, Fund 0470, Fiscal Year 2005, Organization 0702, to the Bureau of Commerce - West Virginia Development Office - Division of Tourism, Fund 0246, Fiscal Year 2005, Organization 0304, to the Bureau of Commerce - West Virginia Development Office, Fund 0256, Fiscal Year 2005, Organization 0307, and to the Higher Education Policy Commission - Higher Education Policy Commission - Administration - Control Account, Fund 0589, Fiscal Year 2005, Organization 0441, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand five.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 206) was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed House Bill No. 206 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 206) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Dempsey, Hunter and Kessler--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 206) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Chafin offered the following pre-adjournment resolution:
Senate Resolution No. 203--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
Senators Plymale, Sharpe and Lanham.
Subsequently, Senator Plymale reported that the duties assigned by Senate Resolution No. 203 had been performed.
Thereafter, a three-member delegation from the House of Delegates, namely
Delegates Amores, Brown and Walters, announced that that body also had completed its labors and was ready to adjourn sine die.
Senator Chafin then offered the following resolution:
Senate Resolution No. 204--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Under the provisions of the foregoing resolution, Senator Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:
Senators White, Fanning and Yoder.
Delegates Amores, Brown and Walters, then announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.
Senators White, Fanning and Yoder, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.
Subsequently, Senator White, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator White then reported this mission accomplished.
At the request of Senator White, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this second extraordinary session of the seventy-seventh Legislature in the year two thousand five, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.
In accordance with the foregoing unanimous consent agreement, the following report of the Joint Committee on Enrolled Bills was filed as follows:
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 21st day of April, 2005, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 201), Supplementary appropriation to the Senate, to the House of Delegates, to the Division of Purchasing, etc.
(H. B. No. 202), Supplementary appropriation to the lottery commission - excess lottery revenue fund surplus, fund 7208.
(H. B. No. 203), Expiring funds to the unappropriated surplus balance in the state fund, general revenue, from the Industrial Development Loans Fund, and making a supplementary appropriation to the Division of Culture and History, Division of Rehabilitation Services, West Virginia Development Office - Division of Tourism.
(H. B. No. 204), Supplementary appropriation to the higher education policy commission tuition fee capital improvement fund.
(H. B. No. 205), Supplementing, amending, reducing and increasing items of the existing appropriations to the department of administration - public defender services.
And,
(H. B. No. 206), Supplementary appropriation to the governor's office, to the West Virginia Conservation Agency, to the secretary of state and other state agencies.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Executive Communications

Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
The Clerk then presented a communication from His Excellency, the Governor, advising that on April 22, 2005, he had approved Enr. House Bill No. 201, Enr. House Bill No. 202, Enr. House Bill No. 203, Enr. House Bill No. 204, Enr. House Bill No. 205 and Enr. House Bill No. 206.
On motion of Senator Chafin, the second extraordinary session of the Senate in the year two thousand five adjourned sine die.
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