WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2006

FIRST DAY

____________

Charleston, W. Va., Thursday, November 9, 2006

Pursuant to the proclamation of His Excellency, the Governor, the Honorable Joe Manchin III, dated the ninth day of November, two thousand six, convening the seventy-seventh Legislature of West Virginia in extraordinary session today (Thursday, November 9, 2006), 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 six o'clock p.m., and was called to order by its President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Reverend Dr. Karl Ruttan, St. John's Episcopal Church, Charleston, West Virginia.
On the call of the roll, the following answered to their names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President).
Thirty-four 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 six o'clock p.m. on the ninth day of November, two thousand six, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following matters:
FIRST:Legislation to increase the refundable credit applicable against the personal income tax for low-income senior citizens and low-income disabled persons who qualify for the homestead exemption pursuant to section three, article six-b, chapter eleven of the Code of West Virginia, to an amount equal to the ad valorem property taxes paid on up to the first twenty thousand dollars of taxable assessed value of the homestead.
SECOND:Legislation to abolish the corporation net income tax adjustment on gains realized from the sale or other disposition of property having a higher fair market value on the first day of July, one thousand nine hundred sixty-seven, than the adjusted basis at said date for federal income tax purposes.
THIRD:Legislation to reduce the rate of consumers sales and service tax and use tax on the sale, purchase and use of food and food ingredients intended for human consumption by an amount not to exceed one percent of the "sales price" as defined in section two, article fifteen-b, chapter eleven of the Code of West Virginia, effective the first day of July, two thousand seven; to further reduce the rate of consumers sales and service tax and use tax on the sale, purchase and use of food and food ingredients intended for human consumption by an amount not to exceed one percent of the "sales price" as defined in section two, article fifteen-b, chapter eleven of the Code of West Virginia, effective the first day of July, two thousand eight; and to set the rate of tax on the sale, purchase and use by consumers of "prepared food", "candy", "food sold through vending machines" and "soft drinks" as defined in section two, article fifteen-b, chapter eleven of the Code of West Virginia, at six percent of the "sales price" as defined in section two, article fifteen-b, chapter eleven of the Code of West Virginia.
FOURTH:Legislation to reduce the rate of the business franchise tax by an amount not to exceed fifteen one hundredths of one percent of the value of the taxpayer's "tax base" as determined pursuant to article twenty-three, chapter eleven of the Code of West Virginia.
FIFTH:Legislation to reduce the rate of the corporation net income tax by an amount not to exceed twenty-five one hundredths of one percent of the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state.
SIXTH:Legislation to eliminate the tax credits for investment in a qualified West Virginia capital company pursuant to article one, chapter five-e of the Code of West Virginia and to eliminate the tax credits for investment in venture capital companies pursuant to article two, chapter five-e of the Code of West Virginia.
SEVENTH:Legislation to extend the deadline for receipt of tourism development project applications and to increase the total amount of tourism development project tax credits for all approved companies during each calendar year to five million dollars.
EIGHTH:Legislation to increase the nonresident withholding tax payable by a partnership, S corporation, estate or trust, under section seventy-one-a, article twenty-one, chapter eleven of the Code of West Virginia, to an amount equal to six and one-half percent of the effectively connected taxable income which may lawfully be taxed by this state and which is allocable to a nonresident partner, nonresident shareholder or nonresident beneficiary of a trust or estate.
NINTH:Legislation imposing a withholding tax equal to six and one-half percent of the estimated capital gain derived from the sale of any land, building or other real estate by a nonresident individual or part-year resident individual.
TENTH:Legislation to create a family tax credit for low- income taxpayers, applicable against up to one hundred percent of the personal income tax, that decreases in inverse proportion to taxpayers' modified federal adjusted gross income indexed against the federal poverty guidelines, as adjusted for family size.
ELEVENTH:Legislation authorizing an exemption from the consumers sales and service tax for purchases, by a person performing "contracting", of services, machinery, supplies or materials, except gasoline or special fuel, to be directly used or consumed in the construction, alteration, repair or improvement of a new or existing building or structure to be primarily used for manufacturing.
TWELFTH:Certain ceremonial and memorial resolutions.
THIRTEENTH: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 ninth day of November, in the year of our Lord, Two Thousand Six, and in the One Hundred Forty-Fourth 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 Foster, Oliverio and Harrison.
Subsequently, Senator Foster, 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 Stemple, Moore and Roberts, 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 Sharpe, Fanning and Boley.
A message from the House of Delegates, by
Delegates Houston, Kominar and Leggett, 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 Sharpe reported that the joint Senate and House committee had performed the duty assigned to it.
The Clerk presented a communication from the Board of Barbers and Cosmetologists, submitting its annual report as required by chapter sixteen, article one, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Commission for the Deaf and Hard-of-Hearing, submitting its annual report, in accordance with chapter five, article fourteen, section nine of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Family Protection Services Board, submitting its annual report as required by chapter forty-eight, article twenty-six, section four hundred one of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Radiologic Technology Board of Examiners, submitting its annual report, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Board of Examiners for Licensed Practical Nurses, submitting its annual report as required by chapter thirty, article twenty- four, section seven 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 Health and Human Resources, submitting its annual cancer registry report, in accordance with chapter sixteen, article thirty-three, section six of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
Executive Communications

Senator Tomblin (Mr. President) 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

November 9, 2006

Senate Executive Message No. 1
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, Workforce Investment Council, Randy Wharton, Wheeling, Ohio County, for the term ending May 22, 2008.
2.For Member, Workforce Investment Council, Ralph Baxter, Wheeling, Ohio County, for the term ending May 22, 2008.
3.For Member, Board of Chiropractic, Dr. James Haught, Huntington, Cabell County, for the term ending June 30, 2007.
4.For Member, Board of Chiropractic, Dr. Jeffrey Summers, Charleston, Kanawha County, for the term ending June 30, 2008.
5.For Commissioner, Division of Culture and History, Randall Reid-Smith, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
6.For Director, Division of Personnel, Billie Joe Streyle- Anderson, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
7.For Member, Catastrophic Illness Commission, Frank Pulice, Fairmont, Marion County, for the term ending August 31, 2009.
8.For Member, Catastrophic Illness Commission, Harold Neal, Charleston, Kanawha County, for the term ending August 31, 2009.
9.For Member, Catastrophic Illness Commission, Frances Roberts-Buchanan, Lesage, Cabell County, for the term ending August 31, 2008.
10.For Member, Catastrophic Illness Commission, Dr. Carlos Jimenez, Glendale, Ritchie County, for the term ending August 31, 2007.
11.For Member, Catastrophic Illness Commission, Jacques Williams, Morgantown, Monongalia County, for the term ending August 31, 2007.
12.For Member, Catastrophic Illness Commission, Sandra Cotton, Morgantown, Monongalia County, for the term ending August 31, 2008.
13.For Member, Health Information Network, Robert L. Coffield, Charleston, Kanawha County, for the term ending June 6, 2010.
14.For Member, Health Information Network, Dr. Julian E. Bailes, Morgantown, Monongalia County, for the term ending June 6, 2010.
15.For Member, Health Information Network, Dr. Sarah Chouinard, Clay, Clay County, for the term ending June 6, 2010.
16.For Member, Health Information Network, Fred Early, Vienna, Wood County, for the term ending June 6, 2010.
17.For Member, Health Information Network, John Wiesendanger, Charleston, Kanawha County, for the term ending June 6, 2010.
18.For Member, Economic Development Authority, Timothy R. Duke, Huntington, Cabell County, for the term ending June 30, 2010.
19.For Member, Economic Development Authority, Richard Slater, Charleston, Kanawha County, for the term ending June 30, 2010.
20.For Member, Board of Acupuncture, C. P. Negri, Morgantown, Monongalia County, for the term ending June 30, 2009.
21.For Member, Board of Acupuncture, Darrell Samples, Huntington, Cabell County, for the term ending June 30, 2007.
22.For Member, Board of Acupuncture, Michelle DeStefano, Shepherdstown, Jefferson County, for the term ending June 30, 2008.
23.For Member, Board of Acupuncture, Marian Hollinger, Morgantown, Monongalia County, for the term ending June 30, 2008.
24.For Member, Board of Acupuncture, Dr. Brian Stephen Love, Morgantown, Monongalia County, for the term ending June 30, 2007.
25.For Member, Board of Control for Southern Regional Education, The Honorable Robert H. Plymale, Ceredo, Wayne County, for the term ending June 30, 2010.
26.For Member, Board of Control for Southern Regional Education, The Honorable Thomas W. Campbell, Lewisburg, Greenbrier County, for the term ending June 30, 2010.
27.For Member, West Virginia School of Osteopathic Medicine Board of Governors, Rodney Lee Fink, Daniels, Raleigh County, for the term ending June 30, 2010.
28.For Member, West Virginia School of Osteopathic Medicine Board of Governors, Randall L. Short, Madison, Boone County, for the term ending June 30, 2010.
29.For Member, Athletic Commission, Franklin Hartenstein, Bradley, Raleigh County, for the term ending June 30, 2009.
30.For Member, Athletic Commission, Tony Figeritti, Wheeling, Ohio County, for the term ending June 30, 2010.
31.For Member, Athletic Commission, Joe Boczek, Morgantown, Monongalia County, for the term ending June 30, 2008.
32.For Member, Athletic Commission, David Nohe, Vienna, Wood County, for the term ending June 30, 2007.
33.For Member, Marshall University Board of Governors, Robert L. Shell, Jr., Barboursville, Cabell County, for the term ending June 30, 2010.
34.For Member, Marshall University Board of Governors, Menis E. Ketchum, Huntington, Cabell County, for the term ending June 30, 2010.
35.For Member, Marshall University Board of Governors, Gary White, Logan, Logan County, for the term ending June 30, 2010.
36.For Member, Board of Barbers and Cosmetologists, Paula Kurczak, Pleasant Valley, Marion County, for the term ending June 30, 2010.
37.For Member, Board of Barbers and Cosmetologists, Jim Ryan, Alum Creek, Lincoln County, for the term ending June 30, 2007.
38.For Member, Education Commission of the States, Brian Nolan, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
39.For Member, PROMISE Scholarship Board, Paul Chewning, Charleston, Kanawha County, for the term ending February 2, 2010.
40.For Member, Public Energy Authority, Allen Tweddle, Charleston, Kanawha County, for the term ending April 1, 2010.
41.For Member, Consortium for Undergraduate Research and Engineering, Dr. E. Joseph Campbell, South Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
42.For Chairperson, Consortium for Undergraduate Research and Engineering, Betsy Dulin, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
43.For Member, Consortium for Undergraduate Research and Engineering, Philip Weser, Morgantown, Monongalia County, to serve at the will and pleasure of the Governor.
44.For Member, Consortium for Undergraduate Research and Engineering, Dr. Paul Hill, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
45.For Member, Public Port Authority, Jim Llaneza, Clarksburg, Harrison County, for the term ending June 30, 2009.
46.For Member, Public Port Authority, Bob Gould, Charleston, Kanawha County, for the term ending June 30, 2007.
47.For Member, Public Port Authority, Stratius George Fotos, Huntington, Cabell County, for the term ending June 30, 2009.
48.For Member, Public Port Authority, Newton Thomas, Charleston, Kanawha County, for the term ending June 30, 2009.
49.For Commissioner, State Tax Division, Virgil Helton, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
50.For Member, Statewide Independent Living Council, Pam Akers, Bluefield, Mercer County, for the term ending June 30, 2009.
51.For Member, Statewide Independent Living Council, Ronald Brown, South Charleston, Kanawha County, for the term ending June 30, 2009.
52.For Member, Statewide Independent Living Council, Marcus Canaday, Charleston, Kanawha County, for the term ending June 30, 2009.
53.For Member, Statewide Independent Living Council, Linda Maniak, Charleston, Kanawha County, for the term ending June 30, 2009.
54.For Member, Statewide Independent Living Council, Nathan Parker, Huntington, Cabell County, for the term ending June 30, 2009.
55.For Member, Statewide Independent Living Council, Kelly Simpson, Huntington, Cabell County, for the term ending June 30, 2009.
56.For Member, Statewide Independent Living Council, William C. Davis, Elkview, Kanawha County, for the term ending June 30, 2008.
57.For Member, Statewide Independent Living Council, David Sanders, Belle, Kanawha County, for the term ending June 30, 2008.
58.For Member, Statewide Independent Living Council, Erick Dowdy, Huntington, Cabell County, for the term ending June 30, 2009.
59.For Member, Statewide Independent Living Council, Anne Weeks, Huntington, Cabell County, for the term ending June 30, 2009.
60.For Member, Center for Professional Development Board, Janie Merandino, Fairmont, Marion County, for the term ending June 30, 2008.
61.For Member, Center for Professional Development Board, Kenneth D. Heiney, Elizabeth, Wirt County, for the term ending June 30, 2008.
62.For Member, Center for Professional Development Board, Victoria Smith, Huntington, Cabell County, for the term ending June 30, 2008.
63.For Member, West Virginia University Board of Governors, Stephen Goodwin, Charleston, Kanawha County, for the term ending June 30, 2010.
64.For Member, Natural Resources Commission, Byron Chambers, Romney, Hampshire County, for the term ending June 30, 2013.
65.For Member, Real Estate Commission, Jerry Zaferatos, Daniels, Raleigh County, for the term ending June 30, 2010.
66.For Member, Southern West Virginia Community and Technical College Board of Governors, Anne M. Seaver, Hamlin, Lincoln County, for the term ending June 30, 2010.
67.For Member, Southern West Virginia Community and Technical College Board of Governors, Kevin Fowler, Logan, Logan County, for the term ending June 30, 2010.
68.For Member, Capitol Building Commission, H. Wood Thrasher, Clarksburg, Harrison County, for the term ending June 30, 2010.
69.For Member, Parkways, Economic Development and Tourism Authority, Cam Lewis, Daniels, Raleigh County, for the term ending May 31, 2010.
70.For Member, Women's Commission, Cheri Heflin, Charleston, Kanawha County, for the term ending June 30, 2009.
71.For Member, Women's Commission, Robin Stultz, Weston, Lewis County, for the term ending June 30, 2009.
72.For Member, Educational Broadcasting Authority, Thomas Corder, Parkersburg, Wood County, for the term ending June 30, 2011.
73.For Member, Board of Architects, Stephen Barnum, Fairmont, Marion County, for the term ending June 30, 2011.
74.For Member, Board of Architects, William E. Yoke, Clarksburg, Harrison County, for the term ending June 30, 2010.
75.For Member, Ethics Commission, Bryan Towns, Fairmont, Marion County, for the term ending June 30, 2011.
76.For Member, Sexually Violent Predator Management Task Force, Dr. David Clayman, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
77.For Member, Sexually Violent Predator Management Task Force, Dr. Ryan Finkenbine, Morgantown, Monongalia County, to serve at the will and pleasure of the Governor.
78.For Member, Sexually Violent Predator Management Task Force, Leah Macia, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
79.For Member, Sexually Violent Predator Management Task Force, Christopher D. Chiles, Huntington, Cabell County, to serve at the will and pleasure of the Governor.
80.For Member, Board of Coal Mine Health and Safety, Gary Trout, Leivasy, Nicholas County, for the term ending June 30, 2009.
81.For Member, Board of Coal Mine Health and Safety, Theodore B. Hapney, Reedy, Roane County, for the term ending June 30, 2007.
82.For Member, Board of Coal Mine Health and Safety, Carl Egnor, Chapmanville, Logan County, for the term ending June 30, 2009.
83.For Member, Board of Coal Mine Health and Safety, David Ashby, Seth, Boone County, for the term ending June 30, 2009.
84.For Member, Board of Coal Mine Health and Safety, Chris Hamilton, Charleston, Kanawha County, for the term ending June 30, 2009.
85.For Director, Office of Miners' Health, Safety and Training, Ronald Wooten, Bruceton Mills, Preston County, to serve at the will and pleasure of the Governor.
86.For Member, Board of Chiropractic, Peggy Kiser-Crouch, Charleston, Kanawha County, for the term ending June 30, 2009.
87.For Director, Division of Juvenile Services, Dale Humphreys, New Haven, Mason County, to serve at the will and pleasure of the Governor.
88.For Member, State Rail Authority, David Pancake, Romney, Hampshire County, for the term ending June 30, 2010.
89.For Member, State Rail Authority, Max Scott, Daniels, Raleigh County, for the term ending June 30, 2010.
90.For Member, State Rail Authority, Elwood Williams, Moorefield, Grant County, for the term ending June 30, 2009.
91.For Member, Board of Optometry, Dr. Gregory S. Moore, South Charleston, Kanawha County, for the term ending June 30, 2007.
92.For Member, Board of Optometry, Dr. Richard Goellner, Morgantown, Monongalia County, for the term ending June 30, 2009.
93.For Member, Board of Optometry, Dr. Clifton Hyre, Elkins, Randolph County, for the term ending June 30, 2008.
94.For Member, Board of Optometry, Dr. David Laughlin, Fairmont, Marion County, for the term ending June 30, 2008.
95.For Member, Board of Optometry, Lori Gemondo, Bridgeport, Harrison County, for the term ending June 30, 2009.
96.For Member, Library Commission, Dennis Altizer, War, McDowell County, for the term ending June 30, 2009.
97.For Member, Library Commission, Delbert Horstemeyer, Weirton, Hancock County, for the term ending June 30, 2009.
98.For Member, Library Commission, Emily Hoylroyd, Princeton, Mercer County, for the term ending June 30, 2009.
99.For Member, Library Commission, Charles Julian, Wheeling, Ohio County, for the term ending June 30, 2008.
100.For Member, Library Commission, Merle Moore, Webster Springs, Webster County, for the term ending June 30, 2010.
101.For Member, Fairmont State University Board of Governors, Shirley Stanton, Fairmont, Marion County, for the term ending June 30, 2010.
102.For Member, Board of Examiners in Counseling, Dr. Bob Mason, Shepherdstown, Jefferson County, for the term ending June 30, 2009.
103.For Director, Public Employees Insurance Agency, Ted Cheatham, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
104.For Member, Human Rights Commission, Ellen Allen, Princeton, Mercer County, for the term ending June 30, 2009.
105.For Member, Human Rights Commission, Naomi Cohen, Gap Mills, Monroe County, for the term ending June 30, 2007.
106.For Member, Human Rights Commission, Tim Hairston, Westover, Monongalia County, for the term ending June 30, 2008.
107.For Member, Human Rights Commission, Dr. Darrell Cummings, Wheeling, Ohio County, for the term ending June 30, 2008.
108.For Member, Human Rights Commission, Dr. Judith Scully, Morgantown, Monongalia County, for the term ending June 30, 2007.
109.For Member, Human Rights Commission, Dr. Helen Bond, Inwood, Berkeley County, for the term ending June 30, 2008.
110.For Member, Human Rights Commission, Lisa Younis, Shepherdstown, Jefferson County, for the term ending June 30, 2009.
111.For Member, Human Rights Commission, William Williams, Jr., Omar, Logan County, for the term ending June 30, 2009.
112.For Member, Human Rights Commission, Dawne Raines Burke, Martinsburg, Berkeley County, for the term ending June 30, 2007.
113.For Member, Board of Directors of the West Virginia United Health System, Inc., Sister Joel Patrice Christy, Charleston, Kanawha County, for the term ending October 15, 2012.
114.For Member, Board of Directors of the West Virginia United Health System, Inc., The Honorable Robert Maxwell, Elkins, Randolph County, for the term ending October 15, 2012.
115.For Member, Board of Physical Therapy, Jack Spadafore, Bridgeport, Harrison County, for the term ending June 30, 2010.
116.For Member, Board of Physical Therapy, John Spiker, Morgantown, Monongalia County, for the term ending June 30, 2009.
117.For Member, Board of Physical Therapy, Lesleigh Barber, Charleston, Kanawha County, for the term ending June 30, 2008.
118.For Member, Board of Physical Therapy, Melanie Taylor, Fenwick, Nicholas County, for the term ending June 30, 2011.
119.For Member, Board of Physical Therapy, Don Sensabaugh, Charleston, Kanawha County, for the term ending June 30, 2009.
120.For Member, Board of Occupational Therapy, Phil Simpson, Huntington, Cabell County, for the term ending December 31, 2007.
121.For Member, Board of Occupational Therapy, Brenda Hambric, Beckley, Raleigh County, for the term ending December 31, 2008.
122.For Member, Board of Occupational Therapy, Gene Brooks, Charleston, Kanawha County, for the term ending December 31, 2007.
123.For Member, Board of Occupational Therapy, Kathy Quesenberry, Princeton, Mercer County, for the term ending December 31, 2007.
124.For Member, Tourism Commission, Steve White, Charleston, Kanawha County, for the term ending May 1, 2010.
125.For Member, Tourism Commission, William T. Bright, Summersville, Nicholas County, for the term ending May 1, 2010.
126.For Member, Board of Registration for Foresters, David Hill, Salem, Harrison County, for the term ending June 30, 2011.
127.For Member, Motor Vehicle Dealers Advisory Board, Patrick Allen, Pennsboro, Ritchie County, for the term ending June 30, 2009.
128.For Member, Motor Vehicle Dealers Advisory Board, Larry Myers, Bridgeport, Harrison County, for the term ending June 30, 2008.
129.For Member, Motor Vehicle Dealers Advisory Board, James Williams, Martinsburg, Berkeley County, for the term ending June 30, 2008.
130.For Member, Motor Vehicle Dealers Advisory Board, Margaret Wills, Rachel, Marion County, for the term ending June 30, 2007.
131.For Member, Motor Vehicle Dealers Advisory Board, Mike Ratz, Logan, Logan County, for the term ending June 30, 2008.
132.For Member, Motor Vehicle Dealers Advisory Board, David McMahon, Charleston, Kanawha County, for the term ending June 30, 2007.
133.For Member, Commission on the Arts, Rosa Lee Vitez, Huntington, Cabell County, for the term ending June 30, 2009.
134.For Member, Commission on the Arts, Susan C. Hogan, Wheeling, Ohio County, for the term ending June 30, 2009.
135.For Member, Commission on the Arts, Steve Hopta, Bluefield, Mercer County, for the term ending June 30, 2009.
136.For Member, Commission on the Arts, John Strickland, Charleston, Kanawha County, for the term ending June 30, 2009.
137.For Member, Commission on the Arts, Addie Ours, Petersburg, Grant County, for the term ending June 30, 2009.
138.For Member, Commission on the Arts, Sam Winans, Parkersburg, Wood County, for the term ending June 30, 2008.
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 Love, consideration of the nominations immediately hereinbefore reported was made a special order of business under unfinished business on tomorrow, Friday, November 10, 2006.
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 Sprouse (By Request of the Executive):
Senate Bill No. 2001--A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and increasing the amount of the senior citizens' and disabled persons' tax credit.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2002--A Bill to amend and reenact §11-24-6 of the Code of West Virginia, 1931, as amended, relating to the elimination of the corporation net income tax adjustment for pre- 1967 gains on the sale of property.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2003--A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to consumers sales and service tax on sales, purchases and uses of food and food ingredients intended for human consumption; reducing rate of tax on sales, purchases and uses of food and food ingredients intended for human consumption to four percent of the sales price after the thirtieth day of June, two thousand seven; reducing the rate of tax on sales, purchases and uses of food and food ingredients intended for human consumption to three percent of the sales price after the thirtieth day of June, two thousand eight; and providing that the rate of tax on sales, purchases and uses of candy, prepared food, soft drinks and on sales of food through vending machines be six percent of the sales price after the thirtieth day of June, two thousand seven.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2004--A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to reducing the rate of business franchise tax.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2005--A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to reducing the rate of corporation net income tax.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2006--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5E-1-23; and to amend said code by adding thereto a new section, designated §5E-2-5, all relating to capital companies and venture capital companies; terminating authorization for the tax credit for investment in capital companies made after the thirty- first day of December, two thousand six; and terminating authorization for the tax credit for investment in a venture capital company made after the thirty-first day of December, two thousand six.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2007--A Bill to amend and reenact §5B-2E-5 and §5B-2E-11 of the Code of West Virginia, 1931, as amended, all relating to tourism development projects; increasing total amount of tourism development project tax credit available during calendar years; establishing a termination date for action on applications for tourism development projects; and validity of such projects not previously approved.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2008--A Bill to amend and reenact §11-21-71a of the Code of West Virginia, 1931, as amended, relating to increasing the rate of personal income tax withholding for certain nonresidents of West Virginia.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2009--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-71b, relating to personal income tax; imposing a withholding tax on estimated capital gains derived from the sale of West Virginia land, buildings or other real estate by a nonresident individual or part-year resident individual; declaring the amount of tax withheld; providing for payment of the tax withheld; providing optional provisions for filing a tax return; establishing liability for withholding tax; establishing authority to promulgate legislative rules; and establishing effective date of section.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2010--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §11-21-22, §11-21-22a, §11-21-22b and §11-21-22c, all relating to personal income tax; enacting a low-income family tax credit; defining terms; providing amount of credit; and providing for administration of credit.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2011--A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended, relating to an exemption from consumers sales and service tax for purchases by a contractor when the purchased materials will be used or consumed in the construction, alteration, repair or improvement of a new or existing building or structure to be used primarily for manufacturing.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee on Finance.
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, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, November 10, 2006, at 3 p.m.
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