WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2007

THIRD DAY

____________

Charleston, W. Va., Tuesday, August 21, 2007

The Senate met at 2 p.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Brooks F. McCabe, Jr., a senator from the seventeenth district.
Pending the reading of the Journal of Monday, August 20, 2007,
On motion of Senator Stollings, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then 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:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

August 21, 2007

Senate Executive Message No. 2
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I am respectfully withdrawing the following appointments from Senate Executive Message No. 1 dated August 19, 2007:
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.
70.For Member, Property Valuation and Training Procedures Commission, Terri L. Funk, Kingwood, Preston County, for the term ending June 30, 2010.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee on Confirmations.
The Senate 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 August 19, 2007, 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, 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.
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.
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.
And,
A letter from the President of the Senate and the Speaker of the House of Delegates, dated June 28, 2007, requesting confirmation by the Senate of the nomination mentioned therein. The following name is submitted:
1.For Judge, Court of Claims, John G. Hackney, Charleston, Kanawha County, for a term ending June 30, 2013.
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.
__________

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, and a legislative nomination submitted by the President of the Senate and the Speaker of the House of Delegates, as required by Chapter 14, Article 2, Section 4 of the Code of West Virginia, the special order thereon was called by the President.
Thereupon, Senator Tomblin (Mr. President) laid before the Senate the following executive message and letter from the President of the Senate and the Speaker of the House of Delegates:
Senate Executive Message No. 1, dated August 19, 2007 (shown in the Senate Journal of that day, pages 11 to 20, inclusive);
And,
A letter from the President of the Senate and the Speaker of the House of Delegates, dated June 28, 2007 (shown in the Senate Journal of August 19, 2007, pages 9 and 10).
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, except the nomination of Timothy W. Helmick to the Property Valuation and Training Procedures Commission (being nomination number 73 in Executive Message No. 1), and that the legislative nomination of John G. Hackney, as Judge, Court of Claims, be confirmed.
The question being on the adoption of Senator Love's aforestated motion,
The roll was then taken; and
On this question, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Love's motion had prevailed and that all executive and legislative nominations referred to in the foregoing report from the Committee on Confirmations, except the nomination of Timothy W. Helmick to the Property Valuation and Training Procedures Commission (being nomination number 73 in Executive Message No. 1) had been confirmed.
Senator Love then moved that the Senate advise and consent to the nomination of Timothy W. Helmick to the Property Valuation and Training Procedures Commission (being nomination number 73 in Executive Message No. 1) be confirmed.
Prior to the call of the roll, Senator Helmick 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, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Wells and Yoder--2.
Excused from voting: Helmick--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Love's motion had prevailed and the nomination of Timothy W. Helmick to the Property Valuation and Training Procedures Commission had been confirmed.
__________

Consideration of executive and legislative nominations having been concluded,
At the request of Senator Chafin, unanimous consent being granted, the Senate proceeded to the eighth order of business and the consideration of
Com. Sub. for Senate Bill No. 2005, Relating to higher education generally.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, August 20, 2007, for further amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Chafin, the following amendment to the bill was reported by the Clerk:
On page twenty-four, section one, line seventeen, by striking out the word "four" and inserting in lieu thereof the word "two".
The question being on the adoption of Senator Chafin's amendment to the bill (Com. Sub. for S. B. No. 2005), the same was put.
The result of the voice vote being inconclusive, Senator Plymale demanded a division of the vote.
A standing vote being taken, there were fifteen "yeas" and sixteen "nays".
Whereupon, the President declared Senator Chafin's amendment to the bill rejected.
The bill, as amended on yesterday, Monday, August 20, 2007, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 2005 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 2005) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 2005) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Without objection, the Senate returned 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, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 2001, Exempting certain Parkways Authority Commuter Card toll expenses from personal income tax.
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:
By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed House Bill No. 201;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. 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; and requiring the reimbursement to the General Revenue Fund in the amount of personal income tax revenue not collected as a result of the additional modification.
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, 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2001) takes effect from passage.
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. 2006, Relating to Tourism Promotion Fund.
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:
By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed House Bill No. 206;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. 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; and including advertising on the internet within the definition of "direct advertising".
On motion of Senator Helmick, the following amendment to the House of Delegates amendments to the bill was reported by the Clerk and adopted:
By striking out the title and substituting therefor a new title, to read as follows:
Eng. 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; and adding advertising on the internet to the definition of "direct advertising".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments, as amended.
Engrossed Senate Bill No. 2006, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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 Senate amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
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. 2006) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 2009, Supplemental appropriation to Department of Military Affairs and Public Safety, Fire Commission, and Board of Pharmacy.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 2011, Expiring funds related to Public Service Commission.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 2013, Expiring funds related to School Building Authority.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 202--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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 202) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 202) 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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 203--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-28-101, §48-28-102, §48-28-103, §48-28-104, §48-28- 105, §48-28-106, §48-28-107, §48-28-108, §48-28-109 and §48-28-110, 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 in certain circumstances; and requiring the Secretary of State propose legislative and emergency rules.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 203) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 203) 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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 204--A Bill to amend and reenact §62-1D-3 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, §62-1F-7, §62-1F-8 and §62- 1F-9, all relating to electronic interception of a non-consenting 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; excepting electronic interceptions occurring in a home from the wiretapping and electronic surveillance act; providing definitions; requiring court order to perform electronic interception in a home and exceptions thereto; providing for state Supreme Court to establish requirements for providing after hours availability of magistrates and judges; authorizing law enforcement to apply for interception orders and providing criteria therefore; 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, disclosing and disposing of electronic intercepts; requiring recording and notes of electronic intercepts; establishing requirements for custody and destruction of said recordings; placing applications and orders under seal; authorizing use of information relating to other criminal violations; 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 without prior judicial approval subject to retroactive approval.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
The bill (Eng. H. B. No. 204) was then read a second time.
On motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page three, section three, lines twenty-three and twenty- four, after the word "chapter" by striking out the comma and the words "undertaken in good faith,";
On page four, section one, line eighteen, by striking out the words "permanent, non-transitory";
And,
On page six, section two, lines four through six, by striking out the following: No such order or affidavit shall be required where probable cause and exigent circumstances exist.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 204) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 204) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
By striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 204--A Bill to amend and reenact §62-1D-3 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, §62-1F-7, §62-1F-8 and §62- 1F-9, 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; excepting electronic interceptions of a nonconsenting party's conduct or communications occurring in his or her home from the wiretapping and electronic surveillance act; providing definitions; requiring court order to perform electronic interception of a nonconsenting party's conduct or communications occurring in his or her home and exceptions thereto; providing for state Supreme Court to establish requirements for providing after hours availability of magistrates and judges; authorizing law enforcement to apply for interception orders and providing criteria therefor; 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, disclosing and disposing of electronic intercepts; requiring recording and summaries of electronic intercepts; establishing requirements for custody and destruction of said recordings; placing applications and orders under seal; authorizing use of information relating to other criminal violations under certain circumstances; 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 without prior judicial approval subject to retroactive approval.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 204) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 209--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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 209) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 209) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 209) takes effect from passage.
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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 210--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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 210) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 210) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 210) takes effect from passage.
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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 211--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, 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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 211) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 211) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 211) takes effect from passage.
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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 212--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, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 212) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 212) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--32.
The nays were: None.
Absent: Wells and Yoder--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 212) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
On motion of Senator Chafin, the Senate recessed until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened and resumed business under the third order.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 2005, Relating to higher education generally.
A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to the House of Delegates amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
Eng. Senate Bill No. 2006, Relating to Tourism Promotion Fund.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 2007, Relating to Bureau for Children and Families and Children's Trust Fund.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
Eng. House Bill No. 204, Establishing requirements for intercepting communications in the home of a nonconsenting party.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator McCabe.
Thereafter, at the request of Senator Foster, and by unanimous consent, the remarks by Senator McCabe were ordered printed in the Appendix to the Journal.
Senator Chafin offered the following pre-adjournment resolution:
Senate Resolution No. 203--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 Prezioso, Stollings and Boley.
Subsequently, Senator Prezioso reported that the duties assigned by Senate Resolution No. 203 had been performed.
Thereafter, a three-member delegation from the House of Delegates, namely
Delegates Marshall, Martin and Sobonya, 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. 204--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, Oliverio and Sprouse.
Delegates Hatfield, Argento and Rowan, 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, Oliverio 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-eighth Legislature in the year two thousand seven, 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.
In accordance with the foregoing unanimous consent agreement, the following reports of the Joint Committee on Enrolled Bills were filed as follows:
 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 27th day of August, 2007, 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), Exempting certain Parkways Authority Commuter Card toll expenses from personal income tax.
(Com. Sub. for S. B. No. 2005), Relating to higher education generally.
(S. B. No. 2006), Relating to Tourism Promotion Fund.
(S. B. No. 2007), Relating to Bureau for Children and Families and Children's Trust Fund.
(S. B. No. 2009), Supplemental appropriation to Department of Military Affairs and Public Safety, Fire Commission, and Board of Pharmacy.
(S. B. No. 2011), Expiring funds related to Public Service Commission.
(S. B. No. 2013), Expiring funds related to School Building Authority.
(H. B. No. 202), Relating to the receipt and transfer of scrap metal.
(H. B. No. No. 203), Creating the Address Confidentiality Program.
(H. B. No. 204), Establishing requirements for intercepting communications in the home of a non-consenting party.
(H. B. No. 209), Supplemental appropriation, State Fund, General Revenue, unappropriated surplus.
(H. B. No. 210), Supplementing, amending and increasing items of existing appropriations, State Road Fund.
(H. B. No. 211), Supplemental appropriation, Special Revenue, New Funds.
And,
(H. B. No. 212), Supplemental appropriation, Special Revenue Funds, spending authority increases.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
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 August 27, 2007, he had approved Enr. Senate Bill No. 2009, Enr. Senate Bill No. 2011, Enr. Senate Bill No. 2013, Enr. House Bill No. 209, Enr. House Bill No. 210, Enr. House Bill No. 211 and Enr. House Bill No. 212; on September 5, 2007, he had approved Enr. House Bill No. 203 and Enr. House Bill No. 204; and on September 6, 2007, he had approved Enr. Senate Bill No. 2001, Enr. Committee Substitute for Senate Bill No. 2005, Enr. Senate Bill No. 2006, Enr. Senate Bill No. 2007 and Enr. House Bill No. 202.
On motion of Senator Chafin, the second extraordinary session of the Senate in the year two thousand seven adjourned sine die.
________