WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

EXTENDED SESSION, 2008

SIXTY-THIRD DAY

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Charleston, W. Va., Tuesday, March 11, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Brooks F. McCabe, Jr., a senator from the seventeenth district.
Pending the reading of the Journal of Monday, March 10, 2008,
On motion of Senator Fanning, 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 fourteenth day of March, two thousand eight, 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, Article VI, Section 22 of the Constitution of West Virginia provides that the Regular Session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of January; 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 5, 2008, extending the 2008 Regular Session of the Legislature through Tuesday, March 11, 2008.
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 5, 2008, by extending this Regular Session of the state Legislature for consideration of the Budget Bill for an additional period not to exceed three days, through Friday, March 14, 2008; 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 Eleventh day of March, in the year of our Lord, Two Thousand Eight, and in the One Hundred Forty- Fifth year of the State.

JOE MANCHIN III,
Governor.
By the Governor:

BETTY IRELAND,
Secretary of State.
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 10th day of March, 2008, 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 H. B. No. 2881), Providing that antique motor vehicles may be used for occasional recreational driving.
(Com. Sub. for H. B. No. 4028), Authorizing counties and municipalities to enter into contracts for energy-savings.
(H. B. No. 4069), Requiring vision screening for renewal of a driver's license.
(H. B. No. 4080), Relating to funds held for charitable purposes by nonprofit, charitable institutions.
(Com. Sub. for H. B. No. 4099), Allowing certain vehicles designated by the Secretary of the Department of Military Affairs and Public Safety to use red flashing lights.
(Com. Sub. for H. B. No. 4124), Adding CPR and First Aid training to the health education curriculum in secondary schools.
(Com. Sub. for H. B. No. 4137), Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs.
(Com. Sub. for H. B. No. 4206), Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
(Com. Sub. for H. B. No. 4328), Excluding the service of a poll worker from being considered a prohibited political activity.
(Com. Sub. for H. B. No. 4355), Allowing Hatfield-McCoy Regional Recreation Authority to retain civil penalties imposed for violation of authority rules.
(H. B. No. 4490), Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
And,
(Com. Sub. for H. B. No. 4500), Providing qualified entities access to the West Virginia Central Abuse Registry.
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 Stollings.
 Senator Chafin then moved that the Senate adjourn until tomorrow, Wednesday, March 12, 2008, at 6 p.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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Love, McCabe, Minard, Plymale, Prezioso, Stollings, Sypolt, Wells, White and Tomblin (Mr. President)--25.
The nays were: Barnes, Hunter, McKenzie, Sprouse and Yoder--5.
Absent: Kessler, Oliverio, Sharpe and Unger--4.
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, Wednesday, March 12, 2008, at 6 p.m.
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