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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