sdj-1st day 2es

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2007
FIRST DAY
____________

Charleston, W. Va., Sunday, August 19, 2007

Pursuant to the proclamation of His Excellency, the Governor, the Honorable Joe Manchin III, dated the seventeenth day of August, two thousand seven, convening the seventy-eighth Legislature of West Virginia in extraordinary session today (Sunday, August 19, 2007), 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 6 o'clock p.m., and was called to order by its President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Shirley Love, a senator from the eleventh district.
On the call of the roll, the following answered to their names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President).
Thirty-two 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 nineteenth day of August, two thousand seven, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following matters:
FIRST:Legislation providing for an additional modification decreasing federal adjusted gross income for West Virginia state personal income tax for certain tolls expended through use of a West Virginia Parkways, Economic Development and Tourism Authority PAC Card (Parkways Authority Commuter Card) account for noncommercial commuter passes.
SECOND:Legislation relating to the receipt and transfer of any form of copper, aluminum, brass, lead or other nonferrous metal, stainless steel kegs or steel railroad track and track material.
THIRD:Legislation creating the Address Confidentiality Program within the office of the Secretary of State.
FOURTH:Legislation relating to electronic interception of a nonconsenting party's conduct or oral communications in his or her home by an investigative or law-enforcement officer or informant invited into the party's home; and requiring a court order authorizing an electronic interception based upon an affidavit establishing probable cause that the interception would provide evidence of the commission of a crime and providing exceptions thereto for electronic intercepts in exigent circumstances.
FIFTH:Legislation relating to higher education generally; authorizing the Higher Education Policy Commission to convey real property; providing for election of officers, terms of office and meeting requirements of the Higher Education Policy Commission, the Council for Community and Technical College Education, institutional boards of governors and institutional boards of advisors; and authorizing institutions of higher education to provide salary increases if funds are available for certain classified employees under certain circumstances.
SIXTH:Legislation relating to the Tourism Promotion Fund; clarifying the administration of the fund; and including advertising on the internet within the definition of direct advertising.
SEVENTH:Legislation relating to the Governor's Cabinet on Children and Families.
EIGHTH:Certain ceremonial and memorial resolutions.
NINTH:A supplemental appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to certain funds; and supplementing and amending certain funds of the Department of Health and Human Resources and the Bureau of Senior Services.
TENTH:A supplemental appropriation bill amending and increasing items of the existing appropriations from the State Road Fund to certain funds.
ELEVENTH:A supplemental appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to new items of appropriation for funds in the Department of Health and Human Resources, the Department of Revenue and the Bureau of Senior Services.
TWELFTH:A supplemental appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, by increasing spending authority to certain funds in the Department of Commerce, the Department of Revenue and the Public Service Commission.
THIRTEENTH:A supplemental appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to new items of appropriation of federal moneys for funds in the Department of Military Affairs and Public Safety and the Board of Pharmacy.
FOURTEENTH:A supplemental appropriation bill expiring funds related to the School Building Authority.
FIFTEENTH:A supplemental appropriation bill expiring funds related to the Public Service Commission.
SIXTEENTH:Legislation relating to oil and natural gas production royalty payments and the calculation thereof; relating to the taxation of oil, natural gas and coalbed methane production; and relating to shallow wells.
SEVENTEENTH: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 seventeenth day of August, in the year of our Lord, Two Thousand Seven, and in the One Hundred Forty-Fifth 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 Jenkins, Foster and Facemyer.
Subsequently, Senator Jenkins, 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 Marshall, Martin and Sobonya, 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 Chafin, Bailey and Barnes.
A message from the House of Delegates, by
Delegates Hatfield, Argento and Rowan, 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 Chafin reported that the joint Senate and House committee had performed the duty assigned to it.
The Clerk presented a communication from the Division of Forestry, submitting its annual report, in accordance with chapter nineteen, article one-a, section two of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the West Virginia Poison Center, submitting its annual report as required by chapter eighteen-b, article eleven-b, section three 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, in accordance with chapter thirty, article twenty-four, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Commission on Uniform State Laws, submitting its annual report as required by chapter twenty-nine, article one-a, section four of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Department of Health and Human Resources, submitting its annual Youth Services report, in accordance with chapter forty-nine, article five-b, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Department of Revenue, submitting its alternative-fuel motor vehicles tax credit report as required by chapter eleven, article six-d, section eight of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of the Insurance Commissioner, submitting its annual AccessWV report, in accordance with chapter thirty-three, article forty-eight, section two of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Sexually Violent Predator Management Task Force, submitting its report as required by chapter sixty-two, article eleven-e, section three of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The following communication was reported by the Clerk:
WEST VIRGINIA LEGISLATURE
CHARLESTON

June 28, 2007

The Honorable Darrell E. Holmes
Clerk of the Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
Under authority of Chapter 14, Article 2, Section 4 of the Code of West Virginia, we made the following appointment:
John G. Hackney of Charleston, West Virginia, for a six-year term on the Court of Claims beginning July 1, 2007, and ending June 30, 2013.
As you know, this appointment must be made with the advice and consent of the Senate. We trust that you will present this appointment to the Senate for consideration during the next meeting of the Seventy-Eighth Legislature.
Sincerely,
Earl Ray Tomblin,
President, Senate.
Richard Thompson,
Speaker, House of Delegates.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Love, consideration of the nomination immediately hereinbefore reported was made a special order of business for Tuesday, August 21, 2007, at 11 a.m.
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

August 19, 2007

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, Board of Registration for Professional Engineers, B. S. Saluja, Charleston, Kanawha County, for the term ending June 30, 2011.
2.For Member, Board of Pharmacy, George Karos, Martinsburg, Berkeley County, for the term ending June 30, 2011.
3.For Member, Investment Management Board, Roger Hunter, Charleston, Kanawha County, for the term ending January 31, 2012.
4.For Member, Board of Veterinary Medicine, Betty Burkett, Moundsville, Marshall County, for the term ending June 30, 2011.
5.For Member, Board of Veterinary Medicine, Dr. John Wilson, Lewisburg, Greenbrier County, for the term ending June 30, 2010.
6.For Member, Board of Veterinary Medicine, Dr. Ronald Smith, Charleston, Kanawha County, for the term ending June 30, 2011.
7.For Member, Board of Coal Mine Health and Safety, Charles Russell III, Charleston, Kanawha County, for the term ending June 30, 2009.
8.For Member, Veterans Council, Patrick J. Farrell, Bridgeport, Harrison County, for the term ending June 30, 2010.
9.For Member, Workers' Compensation Board of Review, James D. Gray, Clarksburg, Harrison County, for the term ending December 31, 2012.
10.For Member, Public Land Corporation Board of Directors, Carl J. Martin, Buckhannon, Upshur County, for the term ending June 30, 2007.
11.For Member, Council on Aging, Louie D. LeRoy, Clarksburg, Harrison County, for the term ending June 30, 2009.
12.For Member, Council on Aging, Manuel J. Viola, Wheeling, Ohio County, for the term ending June 30, 2007.
13.For Member, Council on Aging, Raymond Morgan, Fairmont, Marion County, for the term ending June 30, 2010.
14.For Member, State Personnel Board, Eugene Stump, Parkersburg, Wood County, for the term ending June 30, 2009.
15.For Member, State Personnel Board, Elizabeth Walker, Charleston, Kanawha County, for the term ending June 30, 2008.
16.For Member, State Personnel Board, Sharon Lynch, Parkersburg, Wood County, for the term ending June 30, 2007.
17.For Member, State Personnel Board, The Honorable Jack Canfield, Charleston, Kanawha County, for the term ending June 30, 2010.
18.For Member, State Personnel Board, Mark Carbone, Charleston, Kanawha County, for the term ending June 30, 2010.
19.For Member, Real Estate Commission, Robert Vitello, South Charleston, Kanawha County, for the term ending June 30, 2010.
20.For Member, Eastern West Virginia Community and Technical College Board of Governors, Amanda See, Moorefield, Hardy County, for the term ending June 30, 2010.
21.For Member, Eastern West Virginia Community and Technical College Board of Governors, Rob Tissue, Moorefield, Hardy County, for the term ending June 30, 2010.
22.For Member, Eastern West Virginia Community and Technical College Board of Governors, Peggy Hawse, Moorefield, Hardy County, for the term ending June 30, 2008.
23.For Member, Eastern West Virginia Community and Technical College Board of Governors, Scott Jennings, Moorefield, Hardy County, for the term ending June 30, 2009.
24.For Member, Eastern West Virginia Community and Technical College Board of Governors, Faron Shanholtz, Petersburg, Grant County, for the term ending June 30, 2009.
25.For Member, Eastern West Virginia Community and Technical College Board of Governors, Robert H. Sisk, Petersburg, Grant County, for the term ending June 30, 2008.
26.For Member, Parole Board, Mike McCarthy, Huntington, Cabell County, for the term ending June 30, 2010.
27.For Member, Surface Mine Board, Brian Kastick, Charleston, Kanawha County, for the term ending June 30, 2008.
28.For Member, Council for Community and Technical College Education, Ralph Kelly, Summersville, Nicholas County, for the term ending December 20, 2008.
29.For Member, Council for Community and Technical College Education, Dee Nazzaro, Wheeling, Ohio County, for the term ending December 20, 2007.
30.For Member, Public Employees Insurance Agency Finance Board, Troy Giatras, Charleston, Kanawha County, for the term ending June 30, 2009.
31.For Member, Archives and History Commission, Amy Sorrells, Charleston, Kanawha County, for the term ending June 30, 2010.
32.For Member, Surface Mine Board, Mark Schuergar, Charleston, Kanawha County, for the term ending June 30, 2011.
33.For Member, Surface Mine Board, James M. Smith, South Charleston, Kanawha County, for the term ending June 30, 2010.
34.For Member, Records Management Board, Betty Harmison, Berkeley Springs, Morgan County, to serve at the will and pleasure of the Governor.
35.For Member, Board of College Prepaid Tuition and Savings Program, Georgette George, Charleston, Kanawha County, for the term ending June 30, 2011.
36.For Member, Public Employees Grievance Board, Melissa Lampinen, Buckhannon, Upshur County, for the term ending June 30, 2009.
37.For Member, Public Employees Grievance Board, Bob Brown, Charleston, Kanawha County, for the term ending June 30, 2010.
38.For Member, Public Employees Grievance Board, Dr. Charles Polk, Beckley, Raleigh County, for the term ending June 30, 2010.
39.For Member, Veterans Council, Debra Kay Tompkins, Mount Nebo, Fayette County, for the term ending June 30, 2008.
40.For Member, West Virginia University Board of Governors, Ellen Cappellanti, Charleston, Kanawha County, for the term ending June 30, 2011.
41.For Member, West Virginia University Board of Governors, William O. Nutting, Wheeling, Ohio County, for the term ending June 30, 2011.
42.For Member, West Virginia University Board of Governors, James W. Dailey, Martinsburg, Berkeley County, for the term ending June 30, 2011.
43.For Member, Marshall University Board of Governors, Gary Adkins, Huntington, Cabell County, for the term ending June 30, 2011.
44.For Member, Marshall University Board of Governors, Brent A. Marstellar, Huntington, Cabell County, for the term ending June 30, 2011.
45.For Member, Marshall University Board of Governors, General Harley F. Mooney, Jr., Charleston, Kanawha County, for the term ending June 30, 2011.
46.For Member, Public Service Commission, Michael A. Albert, Charleston, Kanawha County, for the term ending June 30, 2013.
47.For Member, Parkways, Economic Development and Tourism Authority, George William Seaver IV, Princeton, Mercer County, for the term ending June 30, 2015.
48.For Acting Director, Division of Energy, John F. Herholdt, Sissonville, Kanawha County, to serve at the will and pleasure of the Governor.
49.For Member, Athletic Commission, Steven A. Allred, Julian, Boone County, for the term ending June 30, 2011.
50.For Member, Veterans Council, Chester Fleming, Elkview, Kanawha County, for the term ending June 30, 2013.
51.For Member, Board of Funeral Home Examiners, Chad Hutson, Mannington, Marion County, for the term ending June 30, 2010.
52.For Member, Board of Social Work Examiners, Patricia O'Reilly, St. Albans, Kanawha County, for the term ending June 30, 2010.
53.For Member, Board of Social Work Examiners, Rita Brown, Cross Lanes, Kanawha County, for the term ending June 30, 2010.
54.For Member, Board of Social Work Examiners, Jody Gottlieb, Huntington, Cabell County, for the term ending June 30, 2010.
55.For Member, Board of Social Work Examiners, Renee Ellenberger, Fairmont, Marion County, for the term ending June 30, 2010.
56.For Member, Board of Social Work Examiners, Lucy Eates, Fairmont, Marion County, for the term ending June 30, 2010.
57.For Member, Board of Social Work Examiners, Barbara Heasley, Beverly, Randolph County, for the term ending June 30, 2010.
58.For Member, Board of Social Work Examiners, Christine Maniskas, Huntington, Cabell County, for the term ending June 30, 2010.
59.For Member, Public Employees Insurance Agency Finance Board, Michael T. Smith, Milton, Cabell County, for the term ending June 30, 2011.
60.For Member, Public Energy Authority, The Honorable Mike Ross, Coalton, Randolph County, for the term ending June 30, 2011.
61.For Member, Public Energy Authority, Joe Freeland, New Martinsville, Wetzel County, for the term ending June 30, 2008.
62.For Member, Public Energy Authority, Ike Morris, Glenville, Gilmer County, for the term ending June 30, 2009.
63.For Member, Public Energy Authority, Alan Tweddle, Charleston, Kanawha County, for the term ending June 30, 2010.
64.For Member, Physical Therapy Board, Shannon Snodgrass, Belle, Kanawha County, for the term ending June 30, 2012.
65.For Member, State Conservation Committee, The Honorable Charles Felton, Rowlesburg, Preston County, for the term ending June 30, 2011.
66.For Member, State Conservation Committee, Mary Lee Hines, Lumberport, Harrison County, for the term ending June 30, 2011.
67.For Member, Center for Professional Development, Dr. Lori Stilley, Charles Town, Jefferson County, for the term ending June 30, 2009.
68.For Member, Property Valuation and Training Procedures Commission, Cheryl Romano, Clarksburg, Harrison County, for the term ending June 30, 2008.
69.For Member, Property Valuation and Training Procedures Commission, Janice LaRue, Keyser, Mineral County, for the term ending June 30, 2008.
70.For Member, Property Valuation and Training Procedures Commission, Terri L. Funk, Kingwood, Preston County, for the term ending June 30, 2010.
71.For Member, Property Valuation and Training Procedures Commission, Dolan Irvine, Marlinton, Pocahontas County, for the term ending June 30, 2008.
72.For Member, Property Valuation and Training Procedures Commission, Kurt A. Donaldson, Morgantown, Monongalia County, for the term ending June 30, 2010.
73.For Member, Property Valuation and Training Procedures Commission, Timothy W. Helmick, Charleston, Kanawha County, for the term ending June 30, 2008.
74.For Member, Property Valuation and Training Procedures Commission, Carl D. York, Fairmont, Marion County, for the term ending June 30, 2008.
75.For Member, Property Valuation and Training Procedures Commission, Calvin A. Kent, Huntington, Cabell County, for the term ending June 30, 2010.
76.For Member, Mine Safety Technology Task Force, Ronald Wooten, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
77.For Member, Mine Safety Technology Task Force, James Dean, Morgantown, Monongalia County, to serve at the will and pleasure of the Governor.
78.For Member, Mine Safety Technology Task Force, Terry G. Hudson, Beckley, Raleigh County, to serve at the will and pleasure of the Governor.
79.For Member, Mine Safety Technology Task Force, Todd Moore, Fairview, Marion County, to serve at the will and pleasure of the Governor.
80.For Member, Mine Safety Technology Task Force, Dale A. Birchfield, Crab Orchard, Raleigh County, to serve at the will and pleasure of the Governor.
81.For Member, Mine Safety Technology Task Force, Stephen Webber, Belington, Barbour County, to serve at the will and pleasure of the Governor.
82.For Member, Mine Safety Technology Task Force, Gary Trout, Leivasy, Nicholas County, to serve at the will and pleasure of the Governor.
83.For Member, Mine Safety Technology Task Force, Ted Hapney, Reedy, Roane County, to serve at the will and pleasure of the Governor
84.For Member, Public Employees Insurance Agency Finance Board, Elaine Harris, St. Albans, Kanawha County, for the term ending June 30, 2011.
85.For Member, Glenville State College Board of Governors, Edward T. Toman, Glenville, Gilmer County, for the term ending June 30, 2011.
86.For Member, Public Employees Grievance Board, The Honorable Marc L. Harman, Madison, Boone County, for the term ending June 30, 2009.
87.For Member, Industrial Council, Edward Kent Hartsog, Hurricane, Putnam County, for the term ending June 30, 2011.
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 and incorporated with the legislative nomination received earlier; all to be considered as a special order of business for Tuesday, August 21, 2007, at 11 a.m.
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 Caruth (By Request of the Executive):
Senate Bill No. 2001--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12h, relating to an additional modification decreasing federal adjusted gross income for West Virginia state personal income tax for certain toll expenses charged by the West Virginia Parkways, Economic Development and Tourism Authority.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2002--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-12-5a; and to amend and reenact §61-3-49 of said code, all relating to the receipt and transfer of any form of copper, aluminum, brass, lead or other nonferrous metal, stainless steel kegs or steel railroad track and track material; providing definitions; providing restrictions on applying for, and grounds for cancelling, business registration certificates; imposing additional reporting and record-retention requirements for certain purchasers of such metals; requiring the State Police to develop a standard form for reporting purchase information; providing for the inspection of records by law enforcement and investigators employed by public utilities and railroads; permitting investigators employed by public utilities and railroads to assist law- enforcement investigations; providing for the return of such metals under certain conditions; and increasing criminal penalties for violations.
At the request of Senator Chafin, 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 the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2003--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-1D-1, §3-1D-2, §3-1D-3, §3-1D-4, §3-1D-5, §3-1D-6, §3-1D-7, §3-1D-8, §3-1D-9 and §3-1D-10, all relating to the creation and implementation of the Address Confidentiality Program; providing for administration by the Secretary of State; providing address confidentiality for victims of domestic abuse, sexual assault or stalking; providing eligibility and application requirements for participation in program; requiring contents of an application be kept confidential; establishing a process for certification of applicants as program participants; providing for cancellation of a participant's certification; providing for use of a designated confidential address; allowing disclosure of actual residential or mailing address under certain circumstances; establishing criminal penalties for the filing of false information or breaching the program's confidentiality; limiting the Secretary of State's liability; and requiring the Secretary of State propose legislative and emergency rules.
At the request of Senator Chafin, 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 the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2004--A Bill to amend and reenact §62-1D-3 and §62-1D-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §62-1F- 1, §62-1F-2, §62-1F-3, §62-1F-4, §62-1F-5, §62-1F-6 and §62-1F-7, all relating to electronic interception of a nonconsenting party's conduct or oral communications in his or her home by an investigative or law-enforcement officer or an informant invited into said home; providing definitions; requiring court order to perform electronic interception; authorizing law enforcement to apply for orders; authorizing magistrates and circuit court judges to issue electronic interception orders; setting forth requirements for electronic interception order applications; requiring orders setting forth information; setting forth scope and duration of orders; setting forth procedures for maintaining and disposing of electronic intercepts; requiring recording of electronic intercepts and keeping of related notes; establishing requirements for custody and destruction of said recordings; placing applications and orders under seal; placing restrictions on disclosure and use of electronically intercepted conduct and communications and related information derived therefrom; and providing for electronic intercepts in exigent circumstances subject to subsequent approval.
At the request of Senator Chafin, 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 the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2005--A Bill to amend and reenact §18B-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1B-3 of said code; to amend and reenact §18B-2A-1 of said code; to amend and reenact §18B-2B-5 of said code; to amend and reenact §18B-6-1 of said code; and to amend and reenact §18B-9-4 of said code, all relating to higher education generally; Higher Education Policy Commission; authorizing the Higher Education Policy Commission to convey real property; West Virginia Council for Community and Technical College Education; institutional boards of governors and institutional boards of advisors; providing for election of officers; terms of office; meetings; authorizing institutions to provide salary increases if funds are available for certain classified employees under certain circumstances; and deleting obsolete language.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2006--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to the Tourism Promotion Fund; clarifying the administration of the fund; including advertising on the internet within the definition of "direct advertising"; and authorizing emergency rulemaking.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2007--A Bill to repeal §5-26-1, §5-26-2, §5- 26-2a, §5-26-3, §5-26-4, §5-26-5, §5-26-6 and §5-26-8 of the Code of West Virginia, 1931, as amended; to repeal §18-5-18d of said code; to amend and reenact §16-5K-2 and §16-5K-4 of said code; to amend said code by adding thereto a new article, designated §49-6C- 1; and to amend and reenact §49-9-3 and §49-9-15 of said code, all relating to repeal of the code provisions authorizing the Governor's Cabinet on Children and Families; transferring necessary powers and duties from said cabinet to the Bureau for Children and Families; and transferring administration and control of the Children's Trust Fund from said cabinet to the Secretary of the Department of Health and Human Resources or his or her designee.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2008--A Bill to amend and reenact §11-13A-3a, §11-13A-3d, §11-13A-10 and §11-13A-17 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-13A-3f; to amend said code by adding thereto two new sections, designated §11-13V-4a and §11-13V-4b; to amend and reenact §22-6-1 of said code; to amend said code by adding thereto a new article, designated §22-7A-1, §22-7A-2, §22- 7A-3, §22-7A-4, §22-7A-5 and §22-7A-6; to amend and reenact §22C-8- 2 of said code; and to amend and reenact §22C-9-2 of said code, all relating to oil and gas production; Severance and Business Privilege Tax Act and the Workers' Compensation Debt Reduction Act; deleting superannuated language; specifying collection and remittance of the severance tax on production of natural gas or oil by the first person to purchase the natural gas or oil after it has been severed or, in the event that the natural gas or oil has been severed and processed before the first sale, the first person to purchase natural gas or oil after it has been severed and processed; specifying purchaser liability for failure to collect or remit the tax; specifying due dates and payment requirements; specifying exceptions to the requirement that the purchaser collect and remit the tax; specifying persons subject to applicable bonding requirements; eliminating the five hundred dollar per taxpayer credit for oil and gas severance tax and eliminating other tax credits against natural gas severance taxes and oil severance taxes; authorizing issuance of emergency rules and other rules by the Tax Commissioner; specifying severance tax rate on natural gas and on oil; eliminating the severance tax exemption for natural gas or oil produced from any well placed back into production which has not produced marketable quantities of natural gas or oil for five consecutive prior years; specifying application of exemptions and exceptions and use of direct severance payment authorization number; specifying termination of the severance and business privilege tax exemption for production of coalbed methane and specifying that coalbed methane is taxed as natural gas for purposes of the Severance and Business Privilege Tax Act and for purposes of the taxes imposed by the Workers' Compensation Debt Reduction Act; defining "shallow wells"; oil and natural gas production royalty payments; and calculating production royalty payments.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first time, ordered to second reading, and referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 2009--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to a new item of appropriation designated to the Department of Military Affairs and Public Safety - Fire Commission, fund 8819, fiscal year 2008, organization 0619, and to a new item of appropriation designated to the Miscellaneous Boards and Commissions - Board of Pharmacy, fund 8857, fiscal year 2008, organization 0913, by supplementing and amending chapter twelve, Acts of the Legislature, regular session, two thousand seven, known as the Budget Bill.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2010--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Governor's Office, fund 0101, fiscal year 2008, organization 0100, to the Department of Agriculture, fund 0131, fiscal year 2008, organization 1400, to the Department of Administration, Department of Administration - Office of the Secretary, fund 0186, fiscal year 2008, organization 0201, to the Department of Administration - West Virginia Public Employees Grievance Board, fund 0220, fiscal year 2008, organization 0219, to the Department of Administration - Real Estate Division, fund 0610, fiscal year 2008, organization 0233, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2008, organization 0307, to the Department of Commerce, Department of Commerce - Office of the Secretary, fund 0606, fiscal year 2008, organization 0327, to the Department of Education - State Department of Education, fund 0313, fiscal year 2008, organization 0402, to the Department of Education and the Arts, Department of Education and the Arts - Office of the Secretary, fund 0294, fiscal year 2008, organization 0431, to the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year 2008, organization 0432, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2008, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2008, organization 0511, to the Department of Military Affairs and Public Safety, Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2008, organization 0601, to a new item of appropriation designated to the Bureau of Senior Services, Bureau of Senior Services, fund 0420, fiscal year 2008, organization 0508, to Higher Education, West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2008, organization 0420, and to Higher Education, Higher Education Policy Commission - System - Control Account, fund 0586, fiscal year 2008, organization 0442, by supplementing and amending chapter twelve, Acts of the Legislature, regular session, two thousand seven, known as the Budget Bill.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2011--A Bill expiring funds to the balance of the Public Service Commission Fund, fund 8623, fiscal year 2008, organization 0926, for the fiscal year ending the thirtieth day of June, two thousand eight, in the amount of four hundred thirty-nine thousand dollars from the Public Service Commission Pipeline Safety Fund, fund 8624, fiscal year 2008, organization 0926.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2012--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to the Department of Commerce - Miners' Health, Safety and Training Fund, fund 3355, fiscal year 2008, organization 0314, to the Department of Revenue - Alcohol Beverage Control Administration, fund 7352, fiscal year 2008, organization 0708, and to the Public Service Commission, fund 8623, fiscal year 2008, organization 0926, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2013--A Bill expiring funds to the balance of the State School Building Fund, fund 3957, fiscal year 2008, organization 0402, for the fiscal year ending the thirtieth day of June, two thousand eight, in the amount of one million two hundred ninety-three thousand six hundred ninety-six dollars from the School Building Authority, fund 3514, fiscal year 2008, organization 0402.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2014--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to a new item of appropriation designated to the Department of Health and Human Resources, Division of Human Services - West Virginia Works Separate State College Program Fund, fund 5467, fiscal year 2008, organization 0511, to a new item of appropriation designated to the Department of Health and Human Resources, Division of Human Services - West Virginia Works Separate State Two-Parent Program Fund, fund 5468, fiscal year 2008, organization 0511, to a new item of appropriation designated to the Department of Revenue, Office of the Secretary - State Debt Reduction Fund, fund 7007, fiscal year 2008, organization 0701, to a new item of appropriation designated to the Department of Revenue, Alcohol Beverage Control Administration - Wine Tax Administration Fund, fund 7087, fiscal year 2008, organization 0708, and to a new item of appropriation designated to the Bureau of Senior Services, Bureau of Senior Services - Community-Based Service Fund, fund 5409, fiscal year 2008, organization 0508, by supplementing and amending chapter twelve, Acts of the Legislature, regular session, two thousand seven, known as the Budget Bill.
At the request of Senator Chafin, 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 Caruth (By Request of the Executive):
Senate Bill No. 2015--A Bill supplementing, amending and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Motor Vehicles, fund 9007, fiscal year 2008, organization 0802, and the Department of Transportation, Division of Highways, fund 9017, fiscal year 2008, organization 0803, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight.
At the request of Senator Chafin, 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 twelfth order of business.
Remarks were made by Senator Chafin.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Monday, August 20, 2007, at 6 p.m.
____________