sdj-66th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
EXTENDED SESSION, 2008
SIXTY-SIXTH DAY
____________

Charleston, W. Va., Friday, March 14, 2008

The Senate met at 5 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable John Yoder, a senator from the sixteenth district.
Pending the reading of the Journal of Thursday, March 13, 2008,
On motion of Senator Edgell, 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 sixteenth 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, Proclamations were issued on March 5, 2008, extending the 2008 Regular Session of the Legislature through Tuesday, March 11, 2008, and on March 11, 2008, amending the Proclamation of March 5, 2008, by extending the 2008 Regular Session of the Legislature through Friday, March 14, 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 Proclamations of March 5, 2008, and March 11, 2008, by extending this Regular Session of the state Legislature for consideration of the Budget Bill for an additional period not to exceed two days, through Sunday, March 16, 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 Fourteenth 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 Clerk then presented communications from His Excellency, the Governor, advising that on March 13, 2008, he had approved Enr. Committee Substitute for Senate Bill No. 704, Enr. Committee Substitute for House Bill No. 2881, Enr. Committee Substitute for House Bill No. 4028, Enr. House Bill No. 4069, Enr. Committee Substitute for House Bill No. 4099 Enr. Committee Substitute for House Bill No. 4124, Enr. Committee Substitute for House Bill No. 4137, Enr. Committee Substitute for House Bill No. 4206, Enr. House Bill No. 4464, Enr. House Bill No. 4512, Enr. House Bill No. 4712, Enr. House Bill No. 4713 and Enr. House Bill No. 4714.
The Senate proceeded to the fourth order of business.
Senator Love, 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 13th 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 S. B. No. 323), Relating to stormwater systems generally.
And,
(Com. Sub. for S. B. No. 736), Relating to real property sales of persons under legal disability.
Respectfully submitted,
Shirley Love,
Member, 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 13th 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:
(H. B. No. 4016), Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act.
(H. B. No. 4017), Updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act.
(Com. Sub. for H. B. No. 4018), Renewing the West Virginia Small Business Linked Deposit Program.
And,
(H. B. No. 4715), Making a supplementary appropriation to the Department of Transportation.
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 14th 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 Com. Sub. for S. B. No. 13), Relating to Dental Practice Act generally.
(Com. Sub. for S. B. No. 88), Creating brownfield economic development districts.
(Com. Sub. for S. B. No. 185), Clarifying mental conditions which prohibit firearms' possession and creating state registry of such persons.
(S. B. No. 217), Reducing compliance time for nonresident traffic violations.
(Com. Sub. for S. B. No. 234), Creating Maternal Mortality Review Team.
(S. B. No. 263), Updating certain code provisions relating to Division of Corrections.
(Com. Sub. for S. B. No. 286), Providing adult and child protective services workers personal immunity from civil liability.
(S. B. No. 317), Updating physician and podiatrist licensing requirements.
(Com. Sub. for S. B. No. 325), Relating to state employee deferred compensation plan.
(Com. Sub. for Com. Sub. for S. B. No. 477), Increasing conservation officers' salaries and length of service.
(Com. Sub. for S. B. No. 501), Transferring Stream Partners Fund from Division of Natural Resources to Department of Environmental Protection.
And,
(Com. Sub. for S. B. No. 634), Creating Military Authority Act.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Hall, Caruth, McKenzie, Foster, Deem and Guills.
Thereafter, at the request of Senator Yoder, and by unanimous consent, the remarks by Caruth and Guills were ordered printed in the Appendix to the Journal.
Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Deem were ordered printed in the Appendix to the Journal.
Senator Chafin then moved that the Senate adjourn until tomorrow, Saturday, March 15, 2008, 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso, Stollings, Sypolt, White and Tomblin (Mr. President)--25.
The nays were: Barnes, Hunter, McKenzie, Oliverio, Sprouse, Unger, Wells 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 15, 2008, at 11 a.m.
____________