WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2006

SIXTH DAY

____________

Charleston, W. Va., Tuesday, November 14, 2006

The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Robert H. Plymale, a senator from the fifth district.
Pending the reading of the Journal of Monday, November 13, 2006,
On motion of Senator Minear, 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 amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 2001, Increasing certain senior citizens' and disabled persons' tax credit for property taxes.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 204;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. 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 taxes generally; increasing the amount of the senior citizens' and disabled persons' refundable personal income tax credit for certain ad valorem property taxes paid; and authorizing the Tax Commissioner to not provide a refund of the credit if the amount of the refund is less than ten dollars.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 2001, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Dempsey and Sharpe--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. 2001) passed with its House of Delegates amended title.
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 amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 2002, Eliminating corporation net income tax adjustment for pre-1967 gains on property sales.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 208.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 2002, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Dempsey and Sharpe--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. 2002) passed with its title.
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 amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 2003, Relating to consumers sales and service tax on food.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 206;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 2003--A Bill to amend and reenact §11-15- 3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15-3b, all relating to the consumers sales and service tax generally; reducing the consumers sales and service tax on sales, purchases and uses of food and food ingredients intended for human consumption; and providing exceptions to the reduced rate of tax.
 On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 2003, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Dempsey and Sharpe--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. 2003) passed with its House of Delegates amended title.
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 amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 2004, Reducing business franchise tax rate.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 202;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. 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 the business franchise tax.
 On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 2004, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Dempsey and Sharpe--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. 2004) passed with its House of Delegates amended title.
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 concurrence by that body in the passage of
Eng. House Bill No. 2005, Reducing corporation net income tax rate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 2006, Terminating certain tax credits for capital company and venture capital company investments.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 203;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. 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 terminating authorization for certain tax credits for investment in capital companies and venture capital companies made after the thirty-first day of December, two thousand six.
 On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 2006, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Dempsey and Sharpe--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. 2006) passed with its House of Delegates amended title.
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 amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 2007, Relating to tourism development project tax credits.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 211;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 2007--A Bill to amend and reenact §5B-2E- 11 of the Code of West Virginia, 1931, as amended, relating to extending period in which applications for tourism development project tax credits may be received and considered.
 On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 2007, as amended by the House of Delegates, was then put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 2007 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Harrison--1.
Absent: Caruth, Dempsey and Sharpe--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. 2007) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Harrison--1.
Absent: Caruth, Dempsey and Sharpe--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. 2007) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
 Thereafter, at the request of Senator Oliverio, and by unanimous consent, the remarks by Senator Prezioso regarding the passage of Engrossed Senate Bill No. 2007 were ordered printed in the Appendix to the Journal.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. House Bill No. 2008, Increasing personal income withholding tax for certain nonresidents.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 2009, Imposing personal income withholding tax on property sales by nonresidents.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 209;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. 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 requiring certain amounts to be withheld and paid to the Tax Commissioner from total payments made for the sale or exchange of real property and associated tangible personal property owned by a nonresident or nonresident entity; providing exceptions; providing penalties; and providing for administration.
 On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 2009, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Dempsey and Sharpe--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. 2009) passed with its House of Delegates amended title.
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 amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 2010, Providing low-income family tax credit.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 205;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. 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 generally; enacting a low-income family tax credit; defining terms; establishing dates upon which credit becomes available and amounts of credit; and providing for administration of credit.
 On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 2010, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Dempsey and Sharpe--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. 2010) passed with its House of Delegates amended title.
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 amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 2011, Providing tax exemption for certain purchases by contractors for direct-use manufacturing plants.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 210;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 2011--A Bill to amend and reenact §11-15- 8d of the Code of West Virginia, 1931, as amended, relating to providing 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 primarily used for manufacturing.
 On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 2011, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Dempsey and Sharpe--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. 2011) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Executive Communications

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

OFFICE OF THE GOVERNOR

CHARLESTON

November 14, 2006

Senate Executive Message No. 2
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nomination for your advice and consent:
 1.For Member, Water Development Board, Robert Hatfield, Hurricane, Putnam County, for the term ending June 30, 2012.
Notice of this appointment was previously provided to the appropriate legislative staff at the time the appointment was made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was referred to the Committee on Confirmations and incorporated with Senate Executive Message No. 1; all to be considered as a special order of business under unfinished business today.
At the request of Senator Jenkins, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Chafin, the Senate recessed for fifteen minutes.
Night Session

Upon expiration of the recess, the Senate reconvened and proceeded to the fourth order of business.
 Senator Love, 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 November 9, 2006, 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, 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.
And,

Senate Executive Message No. 2, dated November 14, 2006, requesting confirmation by the Senate of the nomination mentioned therein. The following name from Executive Message No. 2 is submitted:
l. For Member, Water Development Board, Robert Hatfield, Hurricane, Putnam County, for the term ending June 30, 2012.
And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
Respectfully submitted,

Shirley Love,

Chair.
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The Senate then proceeded to the seventh order of business.
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 messages:
Senate Executive Message No. 1, dated November 9, 2006 (shown in the Senate Journal of that day, pages 9 through 23, inclusive);
And,
Senate Executive Message No. 2, dated November 14, 2006 (shown in the Senate Journal of today, page 17 and 18).
 Senator Love 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.
On motion of Senator Chafin, Senator Love's motion was amended to provide that the nominations of Dr. Brian Stephen Love to the Board of Acupuncture (being nomination number 24 in Executive Message No. 1) and The Honorable Robert H. Plymale to the Board of Control for Southern Regional Education (being nomination number 25 in Executive Message No. 1) be considered separately.
The question being on the adoption of Senator Love's motion, as amended,
The roll was then taken; and
On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--29.
The nays were: Barnes--1.
Absent: Caruth, Dempsey, Sharpe and White--4.
 So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Love's aforestated motion, as amended, had prevailed.
Senator Chafin then moved that the nomination of Dr. Brian Stephen Love to the Board of Acupuncture (being nomination number 24 in Executive Message No. 1) be confirmed.
Prior to the call of the roll, Senator Love moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
The roll was then taken; and
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Caruth, Dempsey, Sharpe and White--4.
Excused from voting: Love--1.
 So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Chafin's motion had prevailed and the nomination of Dr. Brian Stephen Love to the Board of Acupuncture had been confirmed.
Senator Chafin then moved that the nomination of The Honorable Robert H. Plymale to the Board of Control for Southern Regional Education (being nomination number 25 in Executive Message No. 1) be confirmed.
Prior to the call of the roll, Senator Plymale moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
The roll was then taken; and
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Caruth, Dempsey, Sharpe and White--4.
Excused from voting: Plymale--1.
 So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Chafin's motion had prevailed and the nomination of The Honorable Robert H. Plymale to the Board of Control for Southern Regional Education had been confirmed.
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Consideration of executive nominations having been concluded,
 Senator Chafin offered the following pre-adjournment resolution:
Senate Resolution No. 205--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 Jenkins, Weeks and Harrison.
Subsequently, Senator Jenkins reported that the duties assigned by Senate Resolution No. 205 had been performed.
Thereafter, a three-member delegation from the House of Delegates, namely
Mr. Speaker (Mr. Kiss) and Delegates Staton and Trump, 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. 206--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 Fanning, Minard and Sprouse.
Mr. Speaker (Mr. Kiss) and Delegates Staton and Trump, 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 Fanning, Minard and Sprouse, 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 Fanning, 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 Fanning 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 six, 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.
 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 29th day of November, 2006, 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:
(S. B. No. 2001), Increasing certain senior citizens' and disabled persons' tax credit for property taxes.
(S. B. No. 2002), Eliminating corporation net income tax adjustment for pre-1967 gains on property sales.
(S. B. No. 2003), Relating to consumers sales and service tax on food.
(S. B. No. 2004), Reducing business franchise tax rate.
(S. B. No. 2005), Reducing corporation net income tax rate.
(S. B. No. 2006), Terminating certain tax credits for capital company and venture capital company investments.
(S. B. No. 2007), Relating to tourism development project tax credits.
(S. B. No. 2008), Increasing personal income withholding tax for certain nonresidents.
(S. B. No. 2009), Imposing personal income withholding tax on property sales by nonresidents.
(S. B. No. 2010), Providing low-income family tax credit.
And,
(S. B. No. 2011), Providing tax exemption for certain purchases by contractors for direct-use manufacturing plants.
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 communications from His Excellency, the Governor, advising that on November 20, 2006, he had approved Enr. House Bill No. 212; and on November 30, 2006, he had approved Enr. Senate Bill No. 2001, Enr. Senate Bill No. 2002, Enr. Senate Bill No. 2003, Enr. Senate Bill No. 2004, Enr. Senate Bill No. 2005, Enr. Senate Bill No. 2006, Enr. Senate Bill No. 2007, Enr. Senate Bill No. 2008, Enr. Senate Bill No. 2009, Enr. Senate Bill No. 2010 and Enr. Senate Bill No. 2011.
On motion of Senator Chafin, the second extraordinary session of the Senate in the year two thousand six adjourned sine die.
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