WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

EXTENDED SESSION, 2007

SIXTY-SIXTH DAY

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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.
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