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:



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.
Joe Manchin III,
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.
(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.