Senate Daily Journal

sdj-3rd day 1ES WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2010
THIRD DAY
____________

Charleston, W. Va., Saturday, May 15, 2010

The Senate met at 10 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.
Pending the reading of the Journal of Friday, May 14, 2010,
On motion of Senator Deem, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 1004, Replacing references to "mentally retarded" with "intellectually disabled".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 1005, Relating to criminal offenses and penalties regarding firearms and ammunition sales.
The Senate proceeded to the ninth order of business.
Senate Bill No. 1011, Implementing temporary high risk pool program to provide certain health insurance coverage.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 1014, Making supplementary appropriation of federal funds to Office of Economic Opportunity Community Services and Workforce WV.
On first reading, coming up in regular order, was 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1014 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--28.
The nays were: Barnes and Hall--2.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1014) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--28.
The nays were: Barnes and Hall--2.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1014) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 1015, Making supplementary appropriation from General Revenue to various accounts.
On first reading, coming up in regular order, was 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1015 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1015) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1015) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 1016, Making supplementary appropriation of unappropriated moneys to Board of Examiners for Registered Professional Nurses.
On first reading, coming up in regular order, was 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1016 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1016) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1016) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 1017, Supplementing, amending and increasing items from State Road Fund to Division of Highways.
On first reading, coming up in regular order, was 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1017 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1017) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1017) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 1018, Making supplementary appropriation from State Excess Lottery Revenue Fund to various accounts.
On first reading, coming up in regular order, was 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1018 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1018) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1018) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 1019, Making supplementary appropriation from unappropriated moneys to various accounts.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Under rule number forty-three of the Rules of the Senate, Senator Barnes was excused from voting on any matter pertaining to the bill.
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, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
Excused from voting: Barnes--1.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1019 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
Excused from voting: Barnes--1.
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. 1019) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
Excused from voting: Barnes--1.
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. 1019) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 1020, Making supplementary appropriation of federal funds to Workforce WV.
On first reading, coming up in regular order, was 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1020 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--28.
The nays were: Barnes and Hall--2.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1020) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--28.
The nays were: Barnes and Hall--2.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1020) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 1021, Making supplementary appropriation of federal funds to various accounts.
On first reading, coming up in regular order, was 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1021 was then read a third time and put upon its passage.
Prior to the call of the roll, Senator Barnes moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
Excused from voting: Barnes--1.
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. 1021) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
Excused from voting: Barnes--1.
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. 1021) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 1022, Making supplementary appropriation of unappropriated moneys to various accounts.
On first reading, coming up in regular order, was 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1022 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 1022 pass?"
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1022) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1022) 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 Bowman, and by unanimous consent, the remarks by Senators Helmick and Plymale regarding the passage of Engrossed Senate Bill No. 1022 were ordered printed in the Appendix to the Journal.
Senate Bill No. 1023, Supplementing and amending items from State Road Fund to Office of Administrative Hearings.
On first reading, coming up in regular order, was 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1023 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1023) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1023) 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, and by unanimous consent, the Senate 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. 1024, Making supplementary appropriation from State Fund, General Revenue, to various accounts.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 1024) contained in the preceding report from the Committee on Finance 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, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
The bill was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page twelve, after line two, by inserting the following:
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0313, fiscal year 2011, organization 0402, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF EDUCATION
1.6-State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2011 Org 0402
General
Act-Revenue
ivityFunds

1

English as a Second Language528$350,000

Engrossed Senate Bill No. 1024 was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1024) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Senate Bill No. 1024-- 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 Senate, fund 0165, fiscal year 2011, organization 2100, to the House of Delegates, fund 0170, fiscal year 2011, organization 2200, to Joint Expenses, fund 0175, fiscal year 2011, organization 2300, to a new item of appropriation designated to the Department of Administration - Travel Management, fund 0615, fiscal year 2011, organization 0215, to the Department of Administration - Real Estate Division, fund 0610, fiscal year 2011, organization 0233, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, to the Department of Education - State Department of Education, fund 0313, organization 0402, to the Department of Education - State Board of Education - Vocational Division, fund 0390, fiscal year 2011, organization 0402, to the Department of Education and the Arts - Department of Education and the Arts - Office of the Secretary, fund 0294, fiscal year 2011, organization 0431, to the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year 2011, organization 0432, to the Department of Education and the Arts - Library Commission, fund 0296, fiscal year 2011, organization 0433, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2011, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2011, organization 0511, to the Department of Military Affairs and Public Safety - Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, to the Department of Military Affairs and Public Safety - West Virginia State Police, fund 0453, fiscal year 2011, organization 0612, and to Higher Education - Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2011, organization 0441, by supplementing and amending Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
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. 1024) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Stollings, from the Committee on Confirmations, submitted the following report, which was received:
Your Committee on Confirmations has had under consideration
Senate Executive Message No. 1, dated May 13, 2010, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 1 is submitted:
1.For Member, Industrial Council, Dan Marshall, Parkersburg, Wood County, for the term ending June 30, 2012.
2.For Member, Industrial Council, Bill Dean, Wheeling, Ohio County, for the term ending June 30, 2012.
3.For Member, Industrial Council, William Chambers, Charleston, Kanawha County, for the term ending June 30, 2013.
4.For Member, Public Port Authority, David Efaw, Blount, Kanawha County, for the term ending June 30, 2011.
5.For Member, Pierpont Community and Technical College Board of Governors, Sharon Shaffer, Farmington, Marion County, for the term ending June 30, 2012.
6.For Member, Motor Vehicle Dealers Advisory Board, Pete Lopez, Spencer, Roane County, for the term ending June 30, 2012.
7.For Member, Motor Vehicle Dealers Advisory Board, Kelly Smith, Charleston, Kanawha County, for the term ending June 30, 2010.
8.For Member, Motor Vehicle Dealers Advisory Board, Polly Dillard, Charleston, Kanawha County, for the term ending June 30, 2010.
9.For Member, Motor Vehicle Dealers Advisory Board, Larry Myers, Bridgeport, Harrison County, for the term ending June 30, 2011.
10.For Member, Motor Vehicle Dealers Advisory Board, James Williams, Martinsburg, Berkeley County, for the term ending June 30, 2011.
11.For Member, Motor Vehicle Dealers Advisory Board, Michael Ratz, Logan, Logan County, for the term ending June 30, 2011.
12.For Member, Motor Vehicle Dealers Advisory Board, Margaret Wills, Rachel, Marion County, for the term ending June 30, 2010.
13.For Member, Motor Vehicle Dealers Advisory Board, Michael Keener, Hurricane, Putnam County, for the term ending June 30, 2010.
14.For Member, School of Osteopathic Medicine Board of Governors, Dr. Kendall Wilson, Lewisburg, Greenbrier County, for the term ending June 30, 2012.
15.For Member, School of Osteopathic Medicine Board of Governors, Cheryl Schreiber, Weirton, Brooke County, for the term ending June 30, 2012.
16.For Member, School of Osteopathic Medicine Board of Governors, Heather Antolini, Beckley, Raleigh County, for the term ending June 30, 2013.
17.For Acting Commissioner, Tax Division, Craig Griffith, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
18.For Member, Board of Funeral Service Examiners, Chad Harding, Poca, Putnam County, for the term ending June 30, 2013.
19.For Member, Unemployment Compensation Board of Review, James Dillon, Hinton, Summers County, for the term ending January 1, 2011.
20.For Member, Unemployment Compensation Board of Review, Carole Bloom, Charleston, Kanawha County, for the term ending January 1, 2011.
21.For Member, Lottery Commission, Douglas Bicksler, Lewisburg, Greenbrier County, for the term ending June 30, 2014.
22.For Member, Consolidated Public Retirement Board, Tony Payne, Hurricane, Putnam County, for the term ending June 30, 2015.
23.For Member, Municipal Pensions Oversight Board, David Palmer, Wheeling, Ohio County, for the term ending January 1, 2013.
24.For Member, Municipal Pensions Oversight Board, Stephen Neddo, Scott Depot, Putnam County, for the term ending January 1, 2013.
25.For Member, Municipal Pensions Oversight Board, Lisa Dooley, Charleston, Kanawha County, for the term ending January 1, 2011.
26.For Member, Municipal Pensions Oversight Board, Don Lucci, Charleston, Kanawha County, for the term ending January 1, 2015.
And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.

Respectfully submitted,

Ron Stollings,

Chair.
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The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, the special order thereon was called by the President.
Thereupon, Senator Tomblin (Mr. President) laid before the Senate the following executive message:
Senate Executive Message No. 1, dated May 13, 2010 (shown in the Senate Journal of Thursday, May 13, 2010, pages 20 through 23).
Senator Stollings then moved that the Senate advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations.
The question being on the adoption of the aforestated motion by Senator Stollings,
The roll was then taken; and
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: D. Facemire, Guills and Oliverio--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the motion by Senator Stollings had prevailed.
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Consideration of executive nominations having been concluded,
The Senate proceeded to the sixth order of business.
Petitions
Senator Browning presented a petition from Patricia Bradford and numerous Wyoming County teachers, requesting decision-making input in educational reform.
Referred to the Committee on Education.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Sunday, May 16, 2010, at 6 p.m.
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SENATE CALENDAR

Sunday, May 16, 2010

6:00 P.M.
_______

THIRD READING

Eng. S. B. No. 1011 - Implementing temporary high risk pool program to provide certain health insurance coverage (original same as H. B. No. 112).

ANNOUNCED SENATE MEETINGS

First Extraordinary Session 2010

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Sunday, May 16, 2010

Education Committee:
5:00 p.m. (Room No. 451M)

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