WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2007

TWENTY-SEVENTH DAY

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Charleston, W. Va., Monday, February 5, 2007

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

Prayer was offered by Dr. Stan Maynard, The Church in the Valley, Milton, West Virginia.
Pending the reading of the Journal of Friday, February 2, 2007,
On motion of Senator Barnes, 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.
 A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 140, Relating to depositing certain moneys into magistrate court fund.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 141, Providing family court jurisdiction over sibling visitation petitions.
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. 217, Extending time for Piedmont city council to meet as levying body.
 The Senate proceeded to the fourth order of business.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 274, Authorizing Division of Highways promulgate legislative rule relating to transportation of hazardous wastes upon roads and highways.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 398, Authorizing Division of Motor Vehicles to suspend or refuse to register certain interstate commerce motor carriers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 32 (originating in the Committee on Military)-- Requesting Congress enact legislation to lower the retirement age for members of the National Guard to 55 years.
Whereas, The Department of Defense requires the National Guard to comprise at least 25 percent of the standing military; and
Whereas, Large numbers of the National Guard have spent extended duty in the war zones of the world, as well as standing active duty on the border with Mexico; and
Whereas, Members of the National Guard are serving longer periods of time on active duty just like members of the active military and have taken on a large part of our national defense; and
Whereas, Currently, members of the National Guard are allowed to retire only after 20 years of service and reaching 60 years of age, despite the onus of extra duty and responsibility; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests Congress to enact legislation to lower the retirement age for members of the National Guard to 55 years; and, be it
Further Resolved, That the legislation contain provisions recognizing the sacrifice being asked of, and additional responsibility being placed upon members of the National Guard as the primary reasons for the reduction in the retirement age to 55 years; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation, the President of the United States, the head of the Joint Chiefs of Staff and every member of Congress. And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senator Kessler:
Senate Bill No. 448-- A Bill to amend and reenact §17E-1-3, §17E-1-6, §17E-1-7, §17E-1-8, §17E-1-13, §17E-1-20 and §17E-1-25 of the Code of West Virginia, 1931, as amended, all relating to the penalty for driving a commercial motor vehicle without a commercial driver's license or proper endorsement; providing for civil monetary penalties for certain violations related to commercial vehicles; modifying the definition of "hazardous materials"; restricting and limiting the current exemption for military personnel relative to the commercial driving requirements; directing the division to immediately disqualify a driver's privilege to operate a commercial motor vehicle upon notice from the assistant administrator of the Federal Motor Carrier Safety Administration that the driver poses "an imminent hazard"; authorizing the division to revoke a resident or nonresident's privilege to operate a motor vehicle under certain circumstances; and requiring the division to impose a civil penalty of one thousand one hundred dollars in addition to other required penalties on drivers convicted of certain violations.
 Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Edgell, Chafin, Minard and Kessler:
Senate Bill No. 449-- A Bill to amend and reenact §18-2-35 of the Code of West Virginia, 1931, as amended, relating to authorizing school-level implementation of student uniform policies; stating findings and purposes; requiring state board and county board policies; and specifying certain provisions that must be addressed in county policies.
Referred to the Committee on Education.
By Senator Boley:
Senate Bill No. 450-- A Bill to amend and reenact §22-3-17 and §22-3-30a of the Code of West Virginia, 1931, as amended, all relating to authorizing the Secretary of the Department of Environmental Protection to use a portion of the civil penalties collected for watershed improvement projects; and allowing penalties collected to be deposited in the Special Reclamation Fund.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Barnes, Minard, Unger and White:
Senate Bill No. 451-- A Bill to amend and reenact §11-21-22b of the Code of West Virginia, 1931, as amended, relating to the low- income tax credit; and providing that for the two thousand seven tax year, the qualified taxpayer shall be allowed to claim one hundred percent of the amount of the tax credit.
Referred to the Committee on Finance.
By Senators Plymale, Prezioso, Edgell, White, Chafin, Jenkins, Unger, McCabe, Foster, Kessler and Hunter:
Senate Bill No. 452-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-31-1, §18-31-2, §18-31-3, §18-31-4, §18-31-5 and §18-31-6, all relating to the West Virginia Kids First Act; legislative findings; creating West Virginia Kids First for the purpose of improving the quality and accountability of early childhood education; creating a board to govern West Virginia Kids First; setting forth powers of the board effective only upon the effective date of required legislative rules; setting forth duties of the board; limiting those duties for programs of the West Virginia Department of Education; and limiting implementation of West Virginia Kids First.
Referred to the Committee on Education; then to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Oliverio, Boley and Fanning:
Senate Bill No. 453-- A Bill to amend and reenact §22C-2-1 and §22C-2-5 of the Code of West Virginia, 1931, as amended, all relating to the definitions of and security for loans made from the Water Pollution Control Revolving Fund.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Bowman and Kessler:
Senate Bill No. 454-- A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2B-6 and §5B-2B-9 of said code; to amend and reenact §5F-2-1 of said code; and to amend and reenact §21A-1-4 of said code, all relating to the Bureau of Employment Programs; changing the agency name from the Bureau of Employment Programs to Workforce West Virginia; revising the divisional structure within the agency; and providing that Workforce West Virginia shall provide administrative and other services to the West Virginia Workforce Investment Council.
Referred to the Committee on Government Organization.
By Senators White and Hunter:
Senate Bill No. 455-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5, §11-13W-6, §11-13W-7, §11-13W-8, §11-13W-9, §11-13W-10, §11-13W-11, §11-13W-12, §11-13W-13, §11-13W-14, §11-13W-15, §11-13W-16, §11-13W-17, §11-13W-18, §11-13W-19, §11-13W-20 and §11-13W-21, all relating to taxation generally; setting forth short title; setting forth legislative findings; defining terms; specifying method for determining tax attributable to qualified investment; specifying eligibility for tax credit; specifying procedures for application for certification and for certification of project plans; specifying limitations on certification and criteria for certification; specifying applications for certification are public information; specifying procedures and criteria for decertification of projects or withdrawal or suspension of certification of projects or decrease of amounts of credit or qualified investment for which a project is certified; providing for audits and investigations; specifying confidentiality of certain information; providing for a project administration allowance to be deposited in a revolving fund for use by the Division of Tourism; establishing the Small Tourism Business Fund as a revolving fund; providing for a tax administration allowance to be deposited in a revolving fund for use by the Tax Department; establishing the General Tax Administration Fund as a revolving fund; specifying method for determining qualified investment; specifying amount of tax credit allowed; setting forth application of credit; specifying method for assertion of credit and filings; specifying requirements for reporting of credit; setting forth total maximum aggregate tax credit limitation; specifying forfeiture of unused tax credits; specifying redetermination of credit; specifying recapture of credit; specifying treatment for premature disposition of qualified property; specifying treatment for premature cessation of use of qualified property; specifying recapture tax; specifying imposition of recapture tax; specifying application of the West Virginia Tax Procedure and Administration Act to the recapture tax; setting forth rules for transfer of qualified property to successors; specifying treatment of successor businesses where predecessor is entitled to the credit; specifying treatment of a mere change in the form of doing business; requiring and specifying identification of qualified tourism development property; specifying rules for failure to keep adequate records; specifying certain credit information to be published as public information; authorizing audits and joint audits or examinations of taxpayers claiming the credit and certain other persons; requiring program evaluation; setting forth expiration date for the tax credit program; specifying preservation of vested entitlements; specifying general procedure and administration and adoption of the West Virginia Tax Procedure and Administration Act as applying to the tax credit; and authorizing promulgation of regulations.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Prezioso and Stollings:
Senate Bill No. 456-- A Bill to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to establishing that an income withholding tolls the running of the statute of limitations in child support matters; and providing that the statute of limitations on a child support debt begins to run when the last child that is the subject of the order emancipates.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Prezioso, Minard, Unger, Kessler and Hunter:
Senate Bill No. 457-- A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-5-2a; and to amend and reenact §25-1-11d of said code, all relating to granting salary increases to Division of Corrections' employees based on years of service; providing retention incentives for Division of Corrections' employees; and increasing state increment pay for Division of Corrections' employees.
Referred to the Committee on Finance.
By Senators Unger and Hunter:
Senate Bill No. 458-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-32-1, §19-32-2, §19-32-3, §19-32-4, §19-32-5, §19- 32-6, §19-32-7, §19-32-8, §19-32-9, §19-32-10, §19-32-11 and §19- 32-12, all relating to the 2020 Rural West Virginia Agricultural and Resource-Based Industry Development Act generally.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Prezioso, Minard, Unger and Kessler:
Senate Bill No. 459-- A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing that correctional officers may retire with full benefits after twenty years of service.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, McCabe, Sprouse, Wells and Stollings:
Senate Bill No. 460-- A Bill to amend and reenact §20-1-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Director of the Division of Natural Resources to promulgate a rule applicable in Kanawha State Forest, where the state owns the surface land, but the rights to explore and produce gas, oil or coal bed methane are owned by or have been leased to other persons.
Referred to the Committee on Natural Resources.
By Senators Hunter, Stollings, Unger, Plymale, Kessler and White:
Senate Bill No. 461-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6L-101, §46A-6L-102, §46A-6L-103, §46A-6L-104, §46A-6L-105 and §46A-6L-106, all relating to consumer protection generally; defining certain terms; providing a procedure for consumers to implement a security freeze to prohibit a consumer reporting agency from releasing all or any part of the consumer's credit report or any information derived from it to entities with whom the consumer has no existing relationship without the express authorization of the consumer in certain circumstances; providing for notice of consumer rights; providing civil penalties for violations; making a violation an unfair or deceptive act or practice; and providing for severability of the provisions of the article under certain circumstances.
Referred to the Committee on the Judiciary.
Senators Prezioso, Chafin, Jenkins, Stollings, Unger, Foster and Plymale offered the following resolution:
Senate Resolution No. 12--Promoting the "Walking Works" program.
Whereas, West Virginia is ranked first in the nation with the highest rate of obesity at 64 percent of West Virginia adults; and
Whereas, Medical evidence suggests that obesity is a leading factor in several serious health conditions, including heart disease, diabetes and hypertension; and
Whereas, Physical activity is essential in preventing health problems, including obesity; and
Whereas, In order to promote the "Walking Works" program, the members and staff of the Senate and House of Delegates, along with the Governor and his staff, have agreed to take part in a walking competition for the Seventy-Eighth Regular Session of the West Virginia Legislature beginning February 5, 2007; and
Whereas, At the conclusion of this year's "Walking Works" program, the group with greatest activity level, with consideration to the differences in the number of individuals participating from each entity, will receive an award which will be displayed in the office of the presiding officer of the winning chamber or the Governor's office; therefore, be it
Resolved by the Senate:
That the Senate hereby promotes the "Walking Works" program; and, be it
Further Resolved, That the Senate is committed to encouraging West Virginians to become physically active by participating in programs that support healthy lifestyles and physical activity; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor and the Speaker of the House of Delegates.
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.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 69, Authorizing electronically transmitted prescription 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, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--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. 69) 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. 96, Authorizing fire department-owned apparatuses use yellow flashing lights.
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, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Facemyer--1.
Absent: McKenzie and Sharpe--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. 96) 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. 134, Requiring employers provide contribution information to State Teachers Retirement System.
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, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 134) 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. 166, Relating to Public Employees Retirement System generally.
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, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 166) 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. 169, Requiring insurance companies obtain title to certain totaled vehicles.
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, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--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. 169) 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. 180, Offering tax-free distributions from certain retirement plans to pay certain premiums for public safety officers.
On third reading, coming up in regular order, was read a third time.
Following discussion,
At the request of Senator Oliverio, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
 Eng. Com. Sub. for Senate Bill No. 192, Authorizing Commissioner of Division of Corrections to issue warrants for certain inmates.
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, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--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. 192) 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. 208, Providing Supreme Court and Consolidated Public Retirement Board notice when judge retires.
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, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 208) 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. 354, Providing penalties for failure to report to Alzheimer's Disease Registry.
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, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 354) 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. 412, Providing penalties for hand held cell phone violations by minor while driving.
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, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Sprouse--1.
Absent: McKenzie and Sharpe--2.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 412) 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. 413, Clarifying procedures for seizing abandoned, neglected or cruelly treated animals.
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, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 413) 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. 416, Creating misdemeanor offenses for attempting to defeat drug or alcohol screening test.
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, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: McKenzie and Sharpe--2.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 416) 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.
Com. Sub. for Senate Bill No. 70, Providing penalties for employing unauthorized workers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 186, Continuing Board of Embalmers and Funeral Directors.
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:
 O n page one, section thirty-two, line seventeen, by striking out the section caption and substituting therefor a new section caption, to read as follows:
§30-6-32. Continuation of the Board of Embalmers and Funeral Directors.

 The bill (S. B. No. 186), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 190, Continuing Board of Examiners of Psychologists.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
 Com. Sub. for Senate Bill No. 196, Relating to juvenile custody.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
 Com. Sub. for Senate Bill No. 199, Creating Beckley-Raleigh County Building Code Authority.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
 Senate Bill No. 360, Extending time local levying bodies may meet.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
 Senate Bill No. 435, Clarifying Consolidated Local Government Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
 Senate Bill No. 436, Selecting executive secretary for county commission on crime, delinquency and corrections.
 On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
 The Senate proceeded to the thirteenth order of business.
Senator Bailey called attention to today being the birthday of the senator from Kanawha and on behalf of the Senate extended felicitations and good wishes to Senator Wells, with Senator Love leading the members in singing "Happy Birthday".
On motion of Senator Chafin, leaves of absence for the day were granted Senators McKenzie and Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 6, 2007, at 11 a.m.
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