WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
TWENTY-EIGHTH DAY
____________
Charleston, W. Va., Tuesday, February 6, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Cameron Harkness, Marlinton
Presbyterian Church, Marlinton, West Virginia.
Pending the reading of the Journal of Monday, February 5,
2007,
On motion of Senator Unger, 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. 138, Repealing code section relating to
requirement nonresidents secure costs.
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. 218, Making supplementary appropriation
of federal funds out of Treasury from balance of federal moneys
remaining unappropriated.
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. 2571--A Bill to amend and reenact §11A-2-
18 and §11A-3-2 of the Code of West Virginia, 1931, as amended, all
relating to clarifying the deadline for redeeming delinquent lands.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 20--Requesting the Division of
Highways to name the bridge at Taylorville crossing over Upper
Pigeon Creek on U.S. 52 South, located .2 miles from the bridge
going across Mary Taylor Mountain, "Burl Stafford Bridge".
Whereas, Burl Stafford was born December 11, 1925, the son of
Edward and Zetta (Mullins) Stafford, grew up in the town of
Delbarton (Mingo County) the son of a coal miner and a loving
mother who helped provide for her family by selling sewing goods
from their house during the Great Depression; and
Whereas, Burl Stafford readily joined the Civilian Conservation Corps after his junior year at Burch High School;
then, at age 16, joined the United States Navy where he spent four
years serving our country during World War II, obtaining the rank
of Naval Petty Officer; and
Whereas, Burl Stafford married his wife Mary Blevins shortly
after the war, settled in the town of Delbarton, and bought their
first home at Taylorville, West Virginia, where Burl lived until
his death, and where his wife Mary continues to live; and
Whereas, Burl Stafford worked in the coal mines for eleven
years in order to provide for his growing family and became a
member of the United Mine Worker's Union No. 9603 where he held the
office of financial secretary; and
Whereas, Burl Stafford later served the Delbarton area for
twenty-seven years in the United States Postal Service, lovingly
known throughout the Route 2 Pigeon Creek area as "our mail man";
and
Whereas, Burl Stafford helped to organize the First Baptist
Church of Varney, West Virginia, where Burl served as a deacon,
Sunday school superintendent, song leader, and youth mentor,
touching the lives of many of "his" young people; and
Whereas, Burl Stafford was instrumental in organizing the
first Boy Scouts of America Troop in the Varney area, Troop 333,
serving as Scout Master. Burl's grandson later became one of the
first Eagle Scouts from this troop; and
Whereas, Burl Stafford passed away on October 15, 1989 from
complications from Black Lung disease, which resulted from his
early coal mining years spent working amidst the coal dust of the
face of the mine, working to provide for his family; and
Whereas, Burl and Mary are the parents of three children, five
grandchildren, and four great-grandchildren. Burl instilled the
value of education in each of them. All of Burl's children and
grandchildren have graduated from college with higher education
degrees, some obtaining Masters degrees; and
Whereas, Burl's family, friends, neighbors and the community
where he worked and lived and that he loved and served, all agree
that it would be a great and deserving honor to name the
Taylorville Bridge over Upper Pigeon Creek after Burl Stafford, and
to dedicate it to his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge spanning Upper Pigeon Creek on U.S. 52 South,
located .2 miles from the bridge going across Mary Taylor Mountain,
at Taylorville, Mingo County, West Virginia "Burl Stafford Bridge";
and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entryway of each end
of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby requested to forward a copy of this resolution to the Commissioner
of Highways and to the Mingo County Commission.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 197, Authorizing use of deadly force against
intruder.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 197 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §55-7-22
of the Code of West Virginia, 1931, as amended, relating to
clarifying that reasonable force may be used to protect one's self,
real and personal property and the person and property of another;
and clarifying that use of reasonable and proportionate force to
defend is an absolute defense criminally and civilly.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 231, Authorizing Board of Architects
promulgate legislative rule relating to registration of architects.
Senate Bill No. 287, Authorizing Board of Landscape Architects
promulgate legislative rule relating to registration of landscape
architects.
Senate Bill No. 288, Authorizing Board of Landscape Architects
promulgate legislative rule relating to continuing education.
Senate Bill No. 308, Authorizing Real Estate Commission
promulgate legislative rule relating to requirements in licensing
real estate brokers, associate brokers and salespersons and conduct
of brokerage businesses.
Senate Bill No. 310, Authorizing Board of Examiners for
Registered Professional Nurses promulgate legislative rule relating
to policies and criteria for evaluation and accreditation of
colleges, departments or schools of nursing.
And,
Senate Bill No. 326, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to registration of veterinary
technicians.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 236, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Teachers
Retirement System.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 240, Authorizing Board of Examiners in
Counseling promulgate legislative rule relating to licensing.
And has amended same.
Senate Bill No. 241, Authorizing Board of Examiners in
Counseling promulgate legislative rule relating to license renewal
and continuing education requirements.
And has amended same.
And,
Senate Bill No. 311, Authorizing Board of Examiners for
Registered Professional Nurses promulgate legislative rule relating
to continuing education.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary, with
amendments from the Committee on Government Organization pending.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 289, Authorizing Board of Landscape Architects
promulgate legislative rule relating to fees.
Senate Bill No. 291, Authorizing Massage Therapy Licensure
Board promulgate legislative rule relating to general provisions.
Senate Bill No. 292, Authorizing Board of Medicine promulgate
legislative rule relating to licensing and disciplinary procedures
for physicians and podiatrists.
Senate Bill No. 301, Authorizing Board of Osteopathy
promulgate legislative rule relating to osteopathic physician
assistants.
Senate Bill No. 313, Authorizing Board of Examiners for
Registered Professional Nurses promulgate legislative rule relating
to requirements for registration and licensure.
And,
Senate Bill No. 325, Authorizing Treasurer's Office promulgate
legislative rule relating to providing services to political
subdivisions.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 376, Assessing fee for processing scientific
collecting permits.
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 Finance.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 382, Relating to reemployment of certain Supreme Court retirees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 382 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact º5-10-48
of the Code of West Virginia, 1931, as amended, relating to
reemployment of public employee retirees after retirement; and
allowing retired employees of the Supreme Court of Appeals who have
retired on senior status to draw both their public employee
retirement benefits and temporary or per diem compensation from the
Supreme Court of Appeals of up to twenty thousand dollars per year.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 382), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 389, Defining blue catfish as game fish.
And,
Senate Bill No. 396, Exempting site-specific data on certain
rare plant or animal species from disclosure.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2141, Raising the age at which a person
may request to be excused from jury duty from sixty-five to
seventy.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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 Senators McCabe, Plymale, Hall, Barnes, Kessler, Foster,
Helmick and Facemyer:
Senate Bill No. 462--A Bill to amend and reenact §11-14C-5 of
the Code of West Virginia, 1931, as amended, relating to
establishing a flat-rate excise tax on motor fuels at twenty and
one-half cents; and increasing the variable component to six
percent of the average wholesale price.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Minard, Oliverio, Hunter and Unger:
Senate Bill No. 463--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-11-12, relating to including on the state personal
income tax return a checkoff option to donate some or all of any
tax refund to the Jackson's Mill 4-H Camp Checkoff Program.
Referred to the Committee on Finance.
By Senators McCabe, Hall, Barnes, Unger and Plymale:
Senate Bill No. 464--A Bill to amend and reenact §30-40-11 of
the Code of West Virginia, 1931, as amended, relating to licensing
real estate agents and brokers generally; and requiring the Real
Estate Licensing Commission to conduct a criminal background check
on applicants.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger, Jenkins, Prezioso and Plymale:
Senate Bill No. 465--A Bill to amend and reenact §22-14-3 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §22-14-19, all relating
to dam control; definitions; defining "deficient dam"; establishing
a revolving loan fund for loans to finance the engineering, design,
improvement, repair, breeching or removal necessary to correct or
remove deficient dams in this state; and providing for promulgation
of rules.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Helmick, Barnes and Kessler:
Senate Bill No. 466--A Bill to amend and reenact §11-10E-6,
§11-10E-8 and §11-10E-9 of the Code of West Virginia, 1931, as
amended, all relating to certain tax shelters used to avoid paying
state income taxes; clarifying when certain penalties are imposed;
determining when the tax shelter registration number is to be filed
with the Tax Commissioner; and determining when tax shelter
investor lists are to be filed with the Tax Commissioner.
Referred to the Committee on Finance.
Senators Caruth, Yoder, Barnes, Guills, Hall, Boley, Sypolt,
Deem, Unger, McKenzie, Facemyer, Sprouse, Chafin, Helmick, Plymale,
Kessler, Bowman, Edgell, Prezioso, Stollings, Hunter, McCabe,
White, Fanning, Foster, Jenkins, Minard, Green, Wells, Love, Oliverio and Tomblin (Mr. President) offered the following
resolution:
Senate Resolution No. 13--Designating February 6, 2007, as
"Ronald Reagan Day".
Whereas, Ronald Reagan was born February 6, 1911; and
Whereas, Throughout his life, Ronald Reagan worked for freedom
and to advance the public good. He served as an entertainer, union
leader, corporate spokesman, Governor of California and President
of the United States; and
Whereas, As the 40th President of the United States, Ronald
Reagan served with honor and distinction for two terms. During his
second term, he earned the confidence of 49 of the 50 states in the
general election, a record unsurpassed in the history of American
presidential elections; and
Whereas, During his presidency, Ronald Reagan worked in a
bipartisan manner to enact his bold agenda of restoring
accountability and common sense to government, which led to an
unprecedented economic expansion and opportunity for millions of
Americans; and
Whereas, The commitment of President Ronald Reagan to an
active agenda of social policy for the nation's children helped to
lower crime and drug use in our communities; and
Whereas, The commitment of President Ronald Reagan to the
armed forces of the United States contributed to the restoration of pride in America and prepared our armed forces for the 21st
century; and
Whereas, The vision of President Ronald Reagan led to the end
of the Cold War and the ultimate demise of the Soviet Union. His
"peace through strength" guaranteed basic human rights for millions
of people around the world; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 6, 2007, as "Ronald
Reagan Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Nancy Reagan, widow of President
Ronald Reagan.
Senator Caruth requested unanimous consent that the resolution
(S. R. No. 13) be taken up for immediate consideration.
Which consent was not granted, Senator Chafin objecting.
Thereafter, on motion of Senator Caruth, the resolution was
taken up for immediate consideration, reference to a committee
dispensed with, and adopted.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 32, Requesting Congress lower
National Guard members' retirement age.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 70, Providing penalties for
employing unauthorized workers.
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. 70) 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.
Having been read a third time on yesterday, Monday, February
5, 2007, and now coming up in regular order, was reported by the
Clerk.
At the request of Senator Foster, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motions of Senators Foster and Oliverio, the
following amendment to the bill was reported by the Clerk and
adopted:
On page three, section six-a, line twenty-nine, after the word
"premiums." by inserting the following: "Qualified health
insurance premiums" includes certain accident or health insurance
plans and certain long-term care insurance contracts.
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 180 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. 180) 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. 186, Continuing Board of Embalmers and
Funeral Directors.
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. 186) 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. 186) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 190, Continuing Board of Examiners of
Psychologists.
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. 190) 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. 190) takes effect from passage.
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. 196, Relating to juvenile
custody.
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. 196) 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. 199, Creating
Beckley-Raleigh County Building Code Authority.
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. 199) 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.
Com. Sub. for S. B. No. 199) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 360, Extending time local levying bodies
may meet.
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. 360) 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. 360) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 435, Clarifying Consolidated Local
Government Act.
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, 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)--32.
The nays were: Deem--1.
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. 435) 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, 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)--32.
The nays were: Deem--1.
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. 435) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 436, Selecting executive secretary for
county commission on crime, delinquency and corrections.
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. 436) 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 tenth order of business.
Senate Bill No. 398, Authorizing Division of Motor Vehicles to
suspend or refuse to register certain interstate commerce motor
carriers.
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 Caruth, Yoder, Kessler and
Stollings.
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, Wednesday, February 7, 2007, at 11 a.m.
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