WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
EXTENDED SESSION, 2007
SIXTY-FOURTH DAY
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Charleston, W. Va., Wednesday, March 14, 2007
The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Mike Hall, a senator from
the fourth district.
Pending the reading of the Journal of Tuesday, March 13, 2007,
On motion of Senator Deem, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the third order of business.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 13, 2007, he had approved Enr.
Committee Substitute for Senate Bill No. 96, Enr. Senate Bill No.
171, Enr. Senate Bill No. 172, Enr. Senate Bill No. 186, Enr.
Senate Bill No. 190, Enr. Senate Bill No. 376, Enr. Senate Bill No.
412, Enr. Committee Substitute for House Bill No. 2908 and Enr.
House Bill No. 3090; and on March 14, 2007, he had approved Enr. Committee Substitute for Senate Bill No. 169.
Senator Tomblin (Mr. President) then laid before the Senate
the following communication from His Excellency, the Governor,
consisting of an executive nomination for appointee:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 13, 2007
Senate Executive Message No. 6
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nomination for your advice
and consent:
1.For Member, State Board of Education, Gayle Conelly
Manchin, Charleston, Kanawha County, for the term ending November
4, 2015.
Notice of this appointment was previously provided to the
appropriate legislative staff at the time the appointment was made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Love, consideration of the nomination
immediately hereinbefore reported was made a special order of
business for tomorrow, Thursday, March 15, 2007, at 11 a.m.
The Senate proceeded to the fourth order of business.
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 14th day of March, 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:
(Com. Sub. for S. B. No. 70), Providing penalties for
employing unauthorized workers.
(S. B. No. 104), Establishing date Consolidated Public
Retirement Board shall make annuity payments.
(Com. Sub. for S. B. No. 105), Imposing surcharge on certain
fees due Deputy Sheriff Retirement Fund.
(S. B. No. 206), Assessing court costs for participants in
pretrial diversion programs.
(Com. Sub. for S. B. No. 274), Authorizing Department of
Transportation promulgate legislative rules.
(Com. Sub. for S. B. No. 276), Authorizing Department of
Military Affairs and Public Safety promulgate legislative rules.
(Com. Sub. for S. B. No. 314), Authorizing Department of
Education and the Arts promulgate legislative rules.
(S. B. No. 436), Selecting executive secretary for county
commission on crime, delinquency and corrections.
(S. B. No. 484), Finding and declaring certain claims against
state.
(S. B. No. 531), Relating to filing service of process on
corporations in class action suits.
(S. B. No. 591), Supplementing, amending, reducing and
increasing appropriation to Division of Highways.
(S. B. No. 594), Making supplemental appropriation to various
accounts.
And,
(S. B. No. 626), Relating to child advocacy centers.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Pending announcement of a meeting of a standing committee of
the Senate,
Senator Chafin then moved that the Senate adjourn until
tomorrow, Thursday, March 15, 2007, at 11 a.m.
The question being on the adoption of Senator Chafin's motion, and on this question, Senator Chafin demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Deem, Facemyer, Green, Guills, Hall, Helmick,
Jenkins, McCabe, Minard, Prezioso, Stollings, Sypolt, Wells, White
and Tomblin (Mr. President)--20.
The nays were: Barnes, Edgell, Fanning, Foster, Hunter,
Kessler, Love, McKenzie, Oliverio, Plymale, Sprouse, Unger and
Yoder--13.
Absent: Sharpe--1.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's motion had
prevailed.
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Thursday, March 15, 2007, at 11 a.m.
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