WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2007

TWENTIETH DAY

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Charleston, W. Va., Monday, January 29, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by John McKay, Administrator, South Central Regional Jail, Charleston, West Virginia.
Pending the reading of the Journal of Friday, January 26, 2007,
On motion of Senator McKenzie, 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.
Senator Tomblin (Mr. President) presented a communication from the West Virginia Health Insurance Plan, submitting its financing options 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 West Virginia State Police, submitting its annual crime report as required by chapter fifteen, article two, section twenty-four of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
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. Com. Sub. for House Bill No. 2120--A Bill to amend and reenact §8-10-2 of the Code of West Virginia, 1931, as amended, relating to prescribing minimum standards for municipal judges; requiring criminal background checks of persons applying for municipal judgeships; excluding persons convicted of certain offenses from serving as municipal judge; and requiring municipal judges receive continuing legal training.
Referred to the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators McCabe, Hunter, Unger, Foster and Kessler:
Senate Bill No. 337--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-19, relating to the establishment of a program to inventory all emissions, reductions and carbon sequestrations of greenhouse gases; creating a voluntary registry for the reporting of voluntary reductions of greenhouse gas emissions if the reductions are made before they are required by law; providing public recognition of voluntary reduction or avoidance of greenhouse gases; and providing consideration of the reductions under future federal greenhouse gas emission reduction programs.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Prezioso, Hunter, Sharpe, Foster, Caruth, Hall, Wells, Unger, McKenzie, Jenkins, Sypolt and Kessler:
Senate Bill No. 338--A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as amended, relating to the expansion of newborn testing to include sickle cell anemia, congenital adrenal hyperplasia, cystic fibrosis, biotinidase deficiency, isovaleric acidemia, glutaric acidemia type I, 3- Hydroxy-3-methylglutaric aciduria, multiple carboxylase deficiency, methylmalonic acidemia-mutase deficiency form, 3-methylcrotonyl-CoA carboxylase deficiency, methylmalonic acidemia, Cbl A and Cbl B forms, propionic acidemia, beta-ketothiolase deficiency, medium- chain acyl-CoA dehydrogenase deficiency, very long-chain acyl-CoA dehydronenase deficiency, long-chain acyl-CoA dehydronenase deficiency, trifunctional protein deficiency, carnitine uptake defeat, maple syrup urine disease, homocystinuria, citrullinemia type I, argininosuccinate acidemia, tyrosinemia type I, hemoglobin S/Beta-thalassemia, sickle C disease and hearing deficiency.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 339--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-7-4b; and to amend and reenact §60-7-5 of said code, all relating to requiring a public hearing prior to the issuance of an initial license for a private club or upon the transfer of a license to a private club at a new location.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minard, Jenkins and Kessler:
Senate Bill No. 340--A Bill to amend and reenact §31A-8-12 and §31A-8-12d of the Code of West Virginia, 1931, as amended, all relating to providing that the Board of Banking and Financial Institutions and the Commissioner of Banking shall determine whether a bank presents a significant supervisory concern or raises a significant legal or policy issue when evaluating an application to establish a bank branch.
Referred to the Committee on Banking and Insurance.
By Senator Stollings:
Senate Bill No. 341--A Bill to amend and reenact §11-1A-11 of the Code of West Virginia, 1931, as amended, relating to exempting owners, with the exception of corporations or partnerships, of one hundred acres or less of contiguously connected real property from valuation and assessment as natural resources property; defining "small property owner"; and extending the exemption for an owner or owners of two or more tracts of contiguously connected real property of one hundred acres or less.
Referred to the Committee on Finance.
By Senators Minard, White, Sharpe and Prezioso:
Senate Bill No. 342--A Bill to amend and reenact §12-3-5 of the Code of West Virginia, 1931, as amended, relating to electronic requisition format approved by the Auditor; and providing that the Auditor may set standards for archiving electronic and paper documents related to requisitions.
Referred to the Committee on Finance.
By Senators Unger and Love:
Senate Bill No. 343--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-12a, relating to authorizing municipalities to permit certain veterans to park free.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 344--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-3A-3a; and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course or other similar alcohol awareness education course provided or approved by the Alcohol Beverage Control Commissioner.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 345--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-9c, relating to inspections of individual water supply systems and individual wastewater systems; defining terms; providing for certification of inspectors; and requiring the Department of Health and Human Resources to propose legislative rules related to inspections and certifications.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Facemyer, Unger and Kessler:
Senate Bill No. 346--A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-2 of said code, all relating to granting municipal courts jurisdiction over juveniles who violate laws and ordinances relating to tobacco use.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 347--A Bill to amend and reenact §3-11A-11 of the Code of West Virginia, 1931, as amended, relating to providing notice of availability of owner's title insurance.
Referred to the Committee on the Judiciary.
By Senators White, Hunter and Kessler:
Senate Bill No. 348--A Bill to amend and reenact §22A-2-37 of the Code of West Virginia, 1931, as amended, relating to providing that personnel carriers or trip cars used to transport miners to a working section must be maintained at the working section and must have sufficient capacity to transport all miners out of the working section in the event of an emergency.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 349--A Bill to amend and reenact §38-12-1 of the Code of West Virginia, 1931, as amended, relating to releases of liens by lien creditors.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 350--A Bill to amend and reenact §11-22-1 and §11-22-2 of the Code of West Virginia, 1931, as amended, all relating to limiting each county commission to imposing a mortgage recording tax of not more than one dollar per thousand dollars.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Minard and Hunter:
Senate Bill No. 351--A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to wrecker services; and exempting wrecker services from regulation by the Public Service Commission.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Unger and Kessler:
Senate Bill No. 352--A Bill to amend and reenact §11-15-9h of the Code of West Virginia, 1931, as amended, relating to providing an exemption for sales of high-technology business services by high-technology businesses; and removing the limitation on the application of the exemption to sales of these services directly used in the fulfillment of government contracts.
Referred to the Committee on Finance.
By Senators Bailey and Unger:
Senate Bill No. 353--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-49a, relating to the reduction of petroleum-based fuel consumption through improvements in fleet fuel efficiency and the use of alternative fuel vehicles and alternative fuels in state and state subdivision on-road vehicles and combustion-powered machines.
Referred to the Committee on Finance.
By Senators Prezioso and Foster:
Senate Bill No. 354--A Bill to amend and reenact §16-5R-7 of the Code of West Virginia, 1931, as amended, relating to penalties for failure to properly report pursuant to the reporting requirements of the Alzheimer's Disease Registry.
Referred to the Committee on Health and Human Resources.
By Senators Unger, Foster and Kessler:
Senate Bill No. 355--A Bill to amend and reenact §15-2A-6, §15-2A-9, §15-2A-10 and §15-2A-12 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia State Police Retirement System; lowering the normal retirement age; and eliminating any reduction in the benefit of a State Police officer who is disabled on the job.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Bowman, Bailey, Jenkins, Kessler, McCabe, Minard, Plymale, White, Boley and Foster:
Senate Bill No. 356--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7, §29-3D-8 and §29-3D-9, all relating to regulating plumbers and fire protection workers; requiring plumbers and fire protection workers to be licensed; defining certain terms; providing certain exemptions to the requirement of a license; providing rule-making authority to establish qualifications, provide exceptions to examination requirements in certain circumstances, fees, reciprocity provisions and complaint procedures; providing enforcement procedures; authorizing fines and criminal penalties for noncompliance; and providing that no political subdivision of the state may mandate additional licensing requirements.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Deem, Yoder, Sypolt, Kessler and Barnes:
Senate Bill No. 357--A Bill to amend and reenact §17A-3-4 of the Code of West Virginia, 1931, as amended, relating to changing the privilege tax on motor vehicles to a sales tax.
Referred to the Committee on Finance.
By Senators Minard, Chafin, Fanning, Jenkins, McCabe, Oliverio, Guills, Wells, Unger, Foster and Kessler:
Senate Bill No. 358--A Bill to amend and reenact §33-16-3a of the Code of West Virginia, 1931, as amended, relating to provision of required mental health services in health insurance plans; and extending the required coverage beyond the thirty-first day of March, two thousand seven.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Minard, Unger, Love and Kessler:
Senate Bill No. 359--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5-19, relating to allowing public employees twenty-five hours of paid leave per calender year to respond as a volunteer firefighter to emergencies.
Referred to the Committee on Finance.
By Senators Bowman and Kessler:
Senate Bill No. 360--A Bill to amend and reenact §11-8-9 of the Code of West Virginia, 1931, as amended, relating to extending the time a local levying body may meet as a levying body.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 361--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-31, relating to authorizing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program for qualified inmates in regional jail facilities; providing accounting procedures and requirements; specifying required deductions from earnings; permitting transfer of funds to the Commissioner of Corrections; and authorizing legislative rules.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 362--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1 and §11-13W-2; and to amend said code by adding thereto a new section, designated §18B-10-7c, all relating generally to incentives for the general education degree.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Unger, Foster and Kessler:
Senate Bill No. 363--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to creating a fund to reimburse group life insurance premiums paid by members of the National Guard in exchange for and in recognition of their assumption of extended periods of active duty in combat areas; establishing a Service Members' Life Insurance Reimbursement Fund in the State Treasury; requiring promulgation of emergency rules; and providing for appropriations to the fund.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Unger and Love:
Senate Bill No. 364--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to compensating state troopers for off-duty time when they are required to be on standby to be called back to work.
Referred to the Committee on Finance.
By Senators Prezioso, Fanning, Foster, Oliverio, Bailey, White, Caruth, Yoder, Hall and Sypolt:
Senate Bill No. 365--A Bill to amend and reenact §21-9-11a of the Code of West Virginia, 1931, as amended, relating to establishing a statute of limitations regarding claims involving manufactured housing; deferral period for inspection and administrative remedies; and clarifying the filing of complaints must be made to the board first.
Referred to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 366--A Bill to amend and reenact §18-5-22a of the Code of West Virginia, 1931, as amended, relating to not requiring certain special education teachers to administer medications.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Unger and Kessler:
Senate Bill No. 367--A Bill to amend and reenact §11-21-4e of the Code of West Virginia, 1931, as amended, relating to providing a reduction of the state personal income tax of members of volunteer fire departments who meet certain qualified service requirements.
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Joint Resolution No. 7--Proposing an amendment to the Constitution of the State of West Virginia, amending section thirteen, article VI thereof, relating to eligibility of the citizens of the State to seat in the Legislature; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Foster, Wells, McCabe and Sprouse offered the following resolution:
Senate Concurrent Resolution No. 26--Requesting the Division of Highways name the bridge on U. S. Route 60 crossing the Coal River in St. Albans, Kanawha County, the "Earl Henry Curnutte Bridge".
Whereas, Earl Henry Curnutte was born December 30, 1926, in Cabin Creek, Kanawha County; and
Whereas, During World War II, Earl Henry Curnutte joined in America's fight against Japan and was severely wounded in a battle in Okinawa; and
Whereas, Earl Henry Curnutte has dedicated his life to supporting America's veterans; and
Whereas, Earl Henry Curnutte has served his community by pastoring two churches; and
Whereas, It is fitting that the bridge on U. S. Route 60 crossing the Coal River in St. Albans, Kanawha County, be named the "Earl Henry Curnutte Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on U. S. Route 60 crossing the Coal River in St. Albans, Kanawha County, the "Earl Henry Curnutte Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Earl Henry Curnutte Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Earl Henry Curnutte.
Which, under the rules, lies over one day.
Senators Love, Hunter, McKenzie, White, Unger, Foster, Jenkins, Sypolt and Kessler offered the following resolution:
Senate Resolution No. 10--Designating January 29, 2007, as "Corrections Day".
Whereas, The dedicated employees of the Division of Corrections, Regional Jail Authority and Division of Juvenile Services are essential to the safe, secure and humane operation of the state's correctional facilities and offender supervision efforts; and
Whereas, Correctional employees work in an environment that requires constant vigilance and security. They do so in a manner that promotes the importance of programming and training in order to give the offender the best chance of successful reentry into society while always maintaining sensitivity and responsiveness to victims of crime; and
Whereas, Correctional employees are a vital component in the state's effort to promote and strengthen public safety and homeland security; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 29, 2007, as "Corrections Day"; and, be it
Further Resolved, That the Senate recognizes the exceptional service and commitment of the employees of the Division of Corrections, Regional Jail Authority and the Division of Juvenile Services; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Division of Corrections, Regional Jail Authority and Division of Juvenile Services.
At the request of Senator Love, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 24, Requesting Division of Tourism commission poll determining preference for state slogan.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization.
Senate Concurrent Resolution No. 25, Requesting Division of Highways name bridge on U. S. Route 52 in Landgraff, McDowell County, "Luke Simplicio Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 59, Relating to basic universal design features for certain dwellings.
On third reading, coming up in regular order, was 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, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 59) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 148, Providing breast feeding not considered public indecency.
On third reading, coming up in regular order, was 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, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 148) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 205, Clarifying violations of protective orders.
On third reading, coming up in regular order, was 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, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 205) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 171, Continuing Board of Accountancy.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 172, Continuing Board of Respiratory Care Practitioners.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, section seventeen, by striking out the section caption and substituting therefor a new section caption, to read as follows:
§30-34-17. Continuation of the Board of Respiratory Care Practitioners.

The bill (S. B. No. 172), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 217, Extending time for Piedmont city council to meet as levying body.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Senate Bill No. 217 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, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 217) 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, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 217) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 194, Relating to appeal bonds.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 336, Relating to higher education generally.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Oliverio, Barnes, Yoder, Facemyer, Caruth and Plymale.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 30, 2007, at 11 a.m.
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