WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
EXTENDED SESSION, 2006
SIXTY-SIXTH DAY
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Charleston, W. Va., Friday, March 17, 2006
The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.
Pending the reading of the Journal of Thursday, March 16,
2006,
On motion of Senator Boley, the Journal was approved and the
further reading thereof dispensed with.
The Clerk presented a communication from the Geological and
Economic Survey, submitting its annual report, in accordance with
chapter twenty-nine, article two, section six of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
Executive Communications
The Clerk then presented communications from His Excellency, the Governor, advising that on March 10, 2006, he had approved Enr.
Senate Bill No. 244 and Enr. Committee Substitute for Senate Bill
No. 270; on March 16, 2006, he had approved, Enr. House Bill No.
4069, Enr. House Bill No. 4239, Enr. House Bill No. 4310, Enr.
House Bill No. 4349, Enr. House Bill No. 4350 and Enr. House Bill
No. 4391; and on March 17, 2006, he had approved Enr. House Bill
No. 4603.
Senator Tomblin (Mr. President) then laid before the Senate
the following proclamation from His Excellency, the Governor,
extending this current legislative session until and including the
nineteenth day of March, two thousand six, which was received and
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
WHEREAS, Article VI, Section 51 of the Constitution of West
Virginia generally sets forth the procedures for the passage of
budget and supplementary appropriation bills; and
WHEREAS, Pursuant to said provisions, and because the Budget
Bill had not been fully acted upon, the Regular Session of the
Seventy-seventh Legislature was extended for a six-day period by the proclamation of the Governor dated March 8, 2006; and
WHEREAS, The Seventy-seventh Legislature has not finally acted
upon the Budget Bill during the six-day period by which its Regular
Session had been extended by such proclamation.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of
West Virginia, do hereby proclaim that my previous proclamation
extending the Regular Session of the Seventy-seventh Legislature
shall be modified so that the Regular Session of the Seventy-
seventh Legislature shall be extended beyond the sixty-sixth day of
the Regular Session for an additional period of two days and do
hereby further proclaim that, during this extension, no matter
other than the passage of the Budget Bill and a provision for the
cost of the extended session shall be considered.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, on this the
Seventeenth day of March, in
the year of our Lord, Two
Thousand Six, and in the One
Hundred Forty-Third year of the
State.
JOE MANCHIN III,
Governor.
By the Governor:
BETTY IRELAND,
Secretary of State.
Senator Tomblin (Mr. President) then laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 15, 2006
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Senate Bill No. 370.
Similar to Enrolled Senate Bill No. 741 passed last year,
Enrolled Senate Bill No. 370 provides an exemption from taxation
for personal property, including livestock, employed exclusively in agriculture. I must object to this bill because its proposed title
and enacting section do not reflect the amendments it purports to
make to the Acts of the Legislature. The title of the bill states
the exemption applies to personal property owned by the
agricultural producer; however, the actual language of the bill
does not require that the property be owned by the agricultural
producer. Accordingly, I find the title and enacting section
inconsistent with the substance of the bill so as to render the
bill constitutionally defective. Additionally, consideration of
this sort of tax exemption should be evaluated within the confines
of a broader evaluation of our entire tax system, an evaluation
that I intend to undertake in the coming months.
For these reasons, I must veto this legislation.
With warmest regards,
Joe Manchin III,
Governor.
Senator Chafin moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Senate Bill No. 370, Creating personal property tax
exemption for certain property used exclusively in agriculture.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Senate Bill No. 370, the same
was put and prevailed.
The question now being on the passage of the bill, disapproved
by the Governor.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning,
Foster, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Deem, Guills and Lanham--3.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. S.
B. No. 370) passed with its title, as a result of the objections of
the Governor.
Senator Chafin moved that the bill take effect January 1,
2007.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Deem, Guills and Lanham--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. S.
B. No. 370) takes effect January 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the fourth order of business.
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 17th day of March, 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. 13), Requiring cross-reporting of suspected abuse
or neglect of individuals or animals.
(Com. Sub. for S. B. No. 51), Relating to name change for
certain persons.
(Com. Sub. for S. B. No. 170), Creating Health Information
Network.
(S. B. No. 213), Continuing Consolidated Public Retirement
Board.
(S. B. No. 214), Continuing Real Estate Commission.
(S. B. No. 215), Continuing Board of Examiners in Counseling.
(S. B. No. 218), Continuing Capitol Building Commission.
(S. B. No. 242), Allowing state-chartered banks issue more
than one class of stock.
(Com. Sub. for S. B. No. 243), Relating to banks'
self-ownership of stock.
(S. B. No. 269), Relating to parity for state-chartered banks'
investments.
(S. B. No. 271), Reducing state banks' time period for
retaining records.
(Com. Sub. for S. B. No. 364), Removing sunset provision from
West Virginia Jobs Act.
(S. B. No. 371), Reducing severance tax on timber.
(Com. Sub. for S. B. No. 396), Authorizing Division of
Rehabilitation Services promulgate legislative rule relating to Ron
Yost Personal Assistance Services Board.
(S. B. No. 462), Relating to filing interstate compacts with
Secretary of State.
(S. B. No. 463), Modifying qualifications for license to
practice medicine.
(Com. Sub. for S. B. No. 473), Creating crime of reckless
driving resulting in serious bodily injury.
(S. B. No. 479), Paying certain funeral expenses for juvenile
probation officers killed in line of duty.
(S. B. No. 481), Relating to domestic violence protective
orders served out of state.
(Com. Sub. for S. B. No. 489), Authorizing Treasurer provide
remittance processing and e-government services to political
subdivisions.
(Com. Sub. for S. B. No. 509), Clarifying automobile franchise
law.
(Com. Sub. for S. B. No. 521), Authorizing deer hunting in
state parks.
(S. B. No. 529), Updating meaning of certain terms used in
state Personal Income Tax Act.
(S. B. No. 530), Updating meaning of certain terms used in
state Corporation Net Income Tax Act.
(S. B. No. 551), Relating to involuntary commitment process
for addicted persons.
(Com. Sub. S. B. No. 576), Changing calculation of prejudgment
and post-judgment interest.
(S. B. No. 582), Requiring electronic filing of certain
personal income tax returns.
(S. B. No. 591), Authorizing Tax Commissioner collect cost of
federal refund offset fees.
(S. B. No. 619), Relating to Physicians' Mutual Insurance
Company board member's term.
(S. B. No. 630), Relating to cancellation of combination
insurance policies.
(S. B. No. 631), Relating to criminal school truancy
complaints.
(S. B. No. 635), Requiring boards of education maintain
certain flood insurance.
And,
(S. B. No. 673), Authorizing county service fees for
infrastructure projects; bonding authority.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Prezioso.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Saturday, March 18, 2006, at 11 a.m.
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