WEST VIRGINIA LEGISLATURE
EXTENDED SESSION, 2008
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.
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
STATE OF WEST VIRGINIA
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
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
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,
By the Governor:
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
(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
(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.
(Com. Sub. for H. B. No. 4500), Providing qualified entities
access to the West Virginia Central Abuse Registry.
C. Randy White,
Chair, Senate Committee.
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.
The nays were: Barnes, Hunter, McKenzie, Sprouse and
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
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Wednesday, March 12, 2008, at 6 p.m.