WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
EXTENDED SESSION, 2007
SIXTY-SIXTH DAY
____________
Charleston, W. Va., Friday, March 16, 2007
The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Jeffrey V. Kessler, a
senator from the second district.
Pending the reading of the Journal of Thursday, March 15,
2007,
On motion of Senator Facemyer, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the third order of business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, extending
this current legislative session until and including the eighteenth
day of March, two thousand seven, which was received and read by
the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
WHEREAS, The Constitution of West Virginia delineates the
respective powers, duties and responsibilities of the three
separate branches of government; and
WHEREAS, Article VI, Section 22 of the Constitution of West
Virginia provides that the current Regular Session of the
Legislature shall not exceed sixty calendar days computed from and
including the second Wednesday of January; and
WHEREAS, Pursuant to Article VI, Section 22 of the
Constitution of West Virginia, the 2007 Regular Session of the
Legislature concluded on March 10, 2007; and
WHEREAS, Article VI, Section 51 of the Constitution of West
Virginia sets forth the legal authority of the Governor and the
Legislature relating to the preparation and enactment of the Budget
Bill; and
WHEREAS, Subsection D(8), Article VI, Section 51 of the
Constitution of West Virginia requires the Governor to issue a
proclamation to extend the Regular Session of the Legislature if
the Budget Bill shall not have been fully acted upon by the
Legislature three days before the expiration of its regular
session; and
WHEREAS, Such Proclamation was issued on March 7, 2007,
extending the 2007 Regular Session of the state Legislature through
Saturday, March 17, 2007.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of
West Virginia, do hereby issue this Proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of
West Virginia, amending the Proclamation of March 7, 2007, by
extending this Regular Session of the state Legislature for
consideration of the Budget Bill for an additional period not to
exceed one day, through Sunday, March 18, 2007; but no matters
other than the Budget Bill and a provision for the cost of said
extended session shall be considered during this extension of the
session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, on this the Sixteenth
day of March, in the year of
our Lord, Two Thousand Seven,
and in the One Hundred Forty-
Fourth year of the State.
JOE MANCHIN III,
Governor.
By the Governor:
BETTY IRELAND,
Secretary of State.
The Clerk then presented a communication from His Excellency,
the Governor, advising that on March 15, 2007, he had approved Enr.
Committee Substitute for Senate Bill No. 105, Enr. Senate Bill No.
206, Enr. Senate Bill No. 436, Enr. Senate Bill No. 531 and Enr. Senate Bill No. 591.
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 15th 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. 414), Establishing flat fee for
certain services by circuit clerks.
(Com. Sub. for H. B. No. 2145), Defining limited use residence
elevators in public places.
(H. B. No. 2349), Continuing the Board of Registration for
Sanitarians.
(Com. Sub. for H. B. No. 2575), Relating to commercial
driver's licences (CDL).
(H. B. No. 2587), Continuing the Board of Optometry.
(Com. Sub. for H. B. No. 2590), Authorizing the Department of
Revenue to promulgate legislative rules.
(Com. Sub. for H. B. No. 2616), Authorizing the Department of
Administration to promulgate legislative rules.
(H. B. No. 2712), Regarding whether a bank's application to
establish a branch presents a significant supervisory concern or
significant legal or policy issue.
(Com. Sub. for H. B. No. 2714), Revising requirements for parking areas designated for use by persons with mobility
impairments.
(Com. Sub. for H. B. No. 2718), Authorizing West Virginia
Lottery Table Games at State Racetracks.
(Com. Sub. for H. B. No. 2741), Relating to worthless checks.
(Com. Sub. for H. B. No. 2748), Relating to the receipt and
transfer of scrap metal.
(Com. Sub. for H. B. No. 2776), Relating to the West Virginia
Residential Mortgage Lender, Broker and Servicer Act.
(H. B. No. 2825), Eliminating the provision that allowed
private clubs segregated on the basis of race or color to obtain a
license to sell alcoholic beverages.
(Com. Sub. for H. B. No. 2870), Authorizing the court to order
payment into the Domestic Violence Legal Services Fund under
certain circumstances.
(Com. Sub. for H. B. No. 2875), Providing a procedure in which
to fill a vacancy on a county commission in the event the remaining
commissioners cannot agree.
(Com. Sub. for H. B. No. 2931), Providing for payment of
tuition and fees for members of the West Virginia National Guard
enrolled in graduate study.
(Com. Sub. for H. B. No. 2973), Declaring certain claims
against the state to be moral obligations of the state and
directing the Auditor to issue warrants for the payment thereof.
(H. B. No. 2988), Relating to the West Virginia Tax Procedure
and Administration Act.
(H. B. No. 2990), Making technical corrections to assure the
proper collection of offset fees.
(H. B. No. 3073), Relating to prohibiting financial
institutions from establishing or maintaining a branch in West
Virginia on, or within one and one-half miles of, the premises or
property of an affiliate, under certain circumstances.
And,
(H. B. No. 3117), Clarifying that contractors must have a
state contractors license in order to submit a bid with the State
of West Virginia.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
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 16th day of March, 2007, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2498), Relating to sexual offenses
involving children.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Helmick.
Senator Chafin then moved that the Senate adjourn until
tomorrow, Saturday, March 17, 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, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale,
Prezioso, Stollings, Sypolt, Wells, White and Tomblin (Mr.
President)--25.
The nays were: Barnes, Edgell, Fanning, Hunter, McKenzie,
Sprouse, Unger and Yoder--8.
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, Saturday, March 17, 2007, at 11 a.m.
____________