WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2006
FIRST DAY
____________
Charleston, W. Va., Thursday, November 9, 2006
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the ninth day of November, two
thousand six, convening the seventy-seventh Legislature of West
Virginia in extraordinary session today (Thursday, November 9,
2006), under the provisions of section seven, article seven of the
Constitution of West Virginia, the Senate assembled in its chamber
in the state capitol in the City of Charleston at six o'clock p.m.,
and was called to order by its President, the Honorable Earl Ray
Tomblin.
Prayer was offered by the Reverend Dr. Karl Ruttan, St. John's
Episcopal Church, Charleston, West Virginia.
On the call of the roll, the following answered to their
names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem,
Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Unger, Weeks, White, Yoder and Tomblin (Mr. President).
Thirty-four members having answered to their names, the President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was 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
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority vested in me by Section 7, Article VII of
the Constitution of West Virginia, do hereby call the Legislature
of West Virginia to convene in Extraordinary Session at six o'clock
p.m. on the ninth day of November, two thousand six, in its
chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:
FIRST:Legislation to increase the refundable credit
applicable against the personal income tax for low-income senior
citizens and low-income disabled persons who qualify for the
homestead exemption pursuant to section three, article six-b,
chapter eleven of the Code of West Virginia, to an amount equal to
the ad valorem property taxes paid on up to the first twenty
thousand dollars of taxable assessed value of the homestead.
SECOND:Legislation to abolish the corporation net income tax adjustment on gains realized from the sale or other disposition
of property having a higher fair market value on the first day of
July, one thousand nine hundred sixty-seven, than the adjusted
basis at said date for federal income tax purposes.
THIRD:Legislation to reduce the rate of consumers sales
and service tax and use tax on the sale, purchase and use of food
and food ingredients intended for human consumption by an amount
not to exceed one percent of the "sales price" as defined in
section two, article fifteen-b, chapter eleven of the Code of West
Virginia, effective the first day of July, two thousand seven; to
further reduce the rate of consumers sales and service tax and use
tax on the sale, purchase and use of food and food ingredients
intended for human consumption by an amount not to exceed one
percent of the "sales price" as defined in section two, article
fifteen-b, chapter eleven of the Code of West Virginia, effective
the first day of July, two thousand eight; and to set the rate of
tax on the sale, purchase and use by consumers of "prepared food",
"candy", "food sold through vending machines" and "soft drinks" as
defined in section two, article fifteen-b, chapter eleven of the
Code of West Virginia, at six percent of the "sales price" as
defined in section two, article fifteen-b, chapter eleven of the
Code of West Virginia.
FOURTH:Legislation to reduce the rate of the business
franchise tax by an amount not to exceed fifteen one hundredths of
one percent of the value of the taxpayer's "tax base" as determined
pursuant to article twenty-three, chapter eleven of the Code of West Virginia.
FIFTH:Legislation to reduce the rate of the corporation
net income tax by an amount not to exceed twenty-five one
hundredths of one percent of the West Virginia taxable income of
every domestic or foreign corporation engaging in business in this
state or deriving income from property, activity or other sources
in this state.
SIXTH:Legislation to eliminate the tax credits for
investment in a qualified West Virginia capital company pursuant to
article one, chapter five-e of the Code of West Virginia and to
eliminate the tax credits for investment in venture capital
companies pursuant to article two, chapter five-e of the Code of
West Virginia.
SEVENTH:Legislation to extend the deadline for receipt of
tourism development project applications and to increase the total
amount of tourism development project tax credits for all approved
companies during each calendar year to five million dollars.
EIGHTH:Legislation to increase the nonresident withholding
tax payable by a partnership, S corporation, estate or trust, under
section seventy-one-a, article twenty-one, chapter eleven of the
Code of West Virginia, to an amount equal to six and one-half
percent of the effectively connected taxable income which may
lawfully be taxed by this state and which is allocable to a
nonresident partner, nonresident shareholder or nonresident
beneficiary of a trust or estate.
NINTH:Legislation imposing a withholding tax equal to six and one-half percent of the estimated capital gain derived from the
sale of any land, building or other real estate by a nonresident
individual or part-year resident individual.
TENTH:Legislation to create a family tax credit for low-
income taxpayers, applicable against up to one hundred percent of
the personal income tax, that decreases in inverse proportion to
taxpayers' modified federal adjusted gross income indexed against
the federal poverty guidelines, as adjusted for family size.
ELEVENTH:Legislation authorizing an exemption from the
consumers sales and service tax for purchases, by a person
performing "contracting", of services, machinery, supplies or
materials, except gasoline or special fuel, to be directly used or
consumed in the construction, alteration, repair or improvement of
a new or existing building or structure to be primarily used for
manufacturing.
TWELFTH:Certain ceremonial and memorial resolutions.
THIRTEENTH:Legislation to authorize and appropriate the
expenditure of public moneys to pay the expenses of this
extraordinary 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, this the ninth day of
November, in the year of our
Lord, Two Thousand Six, and in the One Hundred Forty-Fourth year
of the State.
JOE MANCHIN III,
Governor.
By the Governor:
BETTY IRELAND,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 201--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Foster, Oliverio and Harrison.
Subsequently, Senator Foster, from the committee to notify the
House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session, announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Stemple, Moore and Roberts, announced that the House
of Delegates has assembled in extraordinary session, with a quorum
present, and is ready to proceed with the business stated in the
proclamation convening the Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 202--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Sharpe, Fanning and Boley.
A message from the House of Delegates, by
Delegates Houston, Kominar and Leggett, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 202.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Sharpe reported that the joint Senate
and House committee had performed the duty assigned to it.
The Clerk presented a communication from the Board of Barbers
and Cosmetologists, submitting its annual report as required by
chapter sixteen, article one, section six of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Commission for
the Deaf and Hard-of-Hearing, submitting its annual report, in
accordance with chapter five, article fourteen, section nine of the
code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Family Protection
Services Board, submitting its annual report as required by chapter
forty-eight, article twenty-six, section four hundred one of the
code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Radiologic
Technology Board of Examiners, submitting its annual report, in
accordance with chapter thirty, article one, section twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Examiners for Licensed Practical Nurses, submitting
its annual report as required by chapter thirty, article twenty-
four, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Department of Health and Human Resources, submitting its annual
cancer registry report, in accordance with chapter sixteen, article
thirty-three, section six of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the third order of business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
November 9, 2006
Senate Executive Message No. 1
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1.For Member, Workforce Investment Council, Randy Wharton,
Wheeling, Ohio County, for the term ending May 22, 2008.
2.For Member, Workforce Investment Council, Ralph Baxter,
Wheeling, Ohio County, for the term ending May 22, 2008.
3.For Member, Board of Chiropractic, Dr. James Haught,
Huntington, Cabell County, for the term ending June 30, 2007.
4.For Member, Board of Chiropractic, Dr. Jeffrey Summers,
Charleston, Kanawha County, for the term ending June 30, 2008.
5.For Commissioner, Division of Culture and History,
Randall Reid-Smith, Charleston, Kanawha County, to serve at the
will and pleasure of the Governor.
6.For Director, Division of Personnel, Billie Joe Streyle-
Anderson, Charleston, Kanawha County, to serve at the will and
pleasure of the Governor.
7.For Member, Catastrophic Illness Commission, Frank
Pulice, Fairmont, Marion County, for the term ending August 31,
2009.
8.For Member, Catastrophic Illness Commission, Harold Neal,
Charleston, Kanawha County, for the term ending August 31, 2009.
9.For Member, Catastrophic Illness Commission, Frances
Roberts-Buchanan, Lesage, Cabell County, for the term ending August
31, 2008.
10.For Member, Catastrophic Illness Commission, Dr. Carlos
Jimenez, Glendale, Ritchie County, for the term ending August 31, 2007.
11.For Member, Catastrophic Illness Commission, Jacques
Williams, Morgantown, Monongalia County, for the term ending August
31, 2007.
12.For Member, Catastrophic Illness Commission, Sandra
Cotton, Morgantown, Monongalia County, for the term ending August
31, 2008.
13.For Member, Health Information Network, Robert L.
Coffield, Charleston, Kanawha County, for the term ending June 6,
2010.
14.For Member, Health Information Network, Dr. Julian E.
Bailes, Morgantown, Monongalia County, for the term ending June 6,
2010.
15.For Member, Health Information Network, Dr. Sarah
Chouinard, Clay, Clay County, for the term ending June 6, 2010.
16.For Member, Health Information Network, Fred Early,
Vienna, Wood County, for the term ending June 6, 2010.
17.For Member, Health Information Network, John
Wiesendanger, Charleston, Kanawha County, for the term ending June
6, 2010.
18.For Member, Economic Development Authority, Timothy R.
Duke, Huntington, Cabell County, for the term ending June 30, 2010.
19.For Member, Economic Development Authority, Richard
Slater, Charleston, Kanawha County, for the term ending June 30,
2010.
20.For Member, Board of Acupuncture, C. P. Negri, Morgantown, Monongalia County, for the term ending June 30, 2009.
21.For Member, Board of Acupuncture, Darrell Samples,
Huntington, Cabell County, for the term ending June 30, 2007.
22.For Member, Board of Acupuncture, Michelle DeStefano,
Shepherdstown, Jefferson County, for the term ending June 30, 2008.
23.For Member, Board of Acupuncture, Marian Hollinger,
Morgantown, Monongalia County, for the term ending June 30, 2008.
24.For Member, Board of Acupuncture, Dr. Brian Stephen Love,
Morgantown, Monongalia County, for the term ending June 30, 2007.
25.For Member, Board of Control for Southern Regional
Education, The Honorable Robert H. Plymale, Ceredo, Wayne County,
for the term ending June 30, 2010.
26.For Member, Board of Control for Southern Regional
Education, The Honorable Thomas W. Campbell, Lewisburg, Greenbrier
County, for the term ending June 30, 2010.
27.For Member, West Virginia School of Osteopathic Medicine
Board of Governors, Rodney Lee Fink, Daniels, Raleigh County, for
the term ending June 30, 2010.
28.For Member, West Virginia School of Osteopathic Medicine
Board of Governors, Randall L. Short, Madison, Boone County, for
the term ending June 30, 2010.
29.For Member, Athletic Commission, Franklin Hartenstein,
Bradley, Raleigh County, for the term ending June 30, 2009.
30.For Member, Athletic Commission, Tony Figeritti,
Wheeling, Ohio County, for the term ending June 30, 2010.
31.For Member, Athletic Commission, Joe Boczek, Morgantown, Monongalia County, for the term ending June 30, 2008.
32.For Member, Athletic Commission, David Nohe, Vienna, Wood
County, for the term ending June 30, 2007.
33.For Member, Marshall University Board of Governors,
Robert L. Shell, Jr., Barboursville, Cabell County, for the term
ending June 30, 2010.
34.For Member, Marshall University Board of Governors, Menis
E. Ketchum, Huntington, Cabell County, for the term ending June 30,
2010.
35.For Member, Marshall University Board of Governors, Gary
White, Logan, Logan County, for the term ending June 30, 2010.
36.For Member, Board of Barbers and Cosmetologists, Paula
Kurczak, Pleasant Valley, Marion County, for the term ending June
30, 2010.
37.For Member, Board of Barbers and Cosmetologists, Jim
Ryan, Alum Creek, Lincoln County, for the term ending June 30,
2007.
38.For Member, Education Commission of the States, Brian
Nolan, Charleston, Kanawha County, to serve at the will and
pleasure of the Governor.
39.For Member, PROMISE Scholarship Board, Paul Chewning,
Charleston, Kanawha County, for the term ending February 2, 2010.
40.For Member, Public Energy Authority, Allen Tweddle,
Charleston, Kanawha County, for the term ending April 1, 2010.
41.For Member, Consortium for Undergraduate Research and
Engineering, Dr. E. Joseph Campbell, South Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
42.For Chairperson, Consortium for Undergraduate Research
and Engineering, Betsy Dulin, Charleston, Kanawha County, to serve
at the will and pleasure of the Governor.
43.For Member, Consortium for Undergraduate Research and
Engineering, Philip Weser, Morgantown, Monongalia County, to serve
at the will and pleasure of the Governor.
44.For Member, Consortium for Undergraduate Research and
Engineering, Dr. Paul Hill, Charleston, Kanawha County, to serve at
the will and pleasure of the Governor.
45.For Member, Public Port Authority, Jim Llaneza,
Clarksburg, Harrison County, for the term ending June 30, 2009.
46.For Member, Public Port Authority, Bob Gould, Charleston,
Kanawha County, for the term ending June 30, 2007.
47.For Member, Public Port Authority, Stratius George Fotos,
Huntington, Cabell County, for the term ending June 30, 2009.
48.For Member, Public Port Authority, Newton Thomas,
Charleston, Kanawha County, for the term ending June 30, 2009.
49.For Commissioner, State Tax Division, Virgil Helton,
Charleston, Kanawha County, to serve at the will and pleasure of
the Governor.
50.For Member, Statewide Independent Living Council, Pam
Akers, Bluefield, Mercer County, for the term ending June 30, 2009.
51.For Member, Statewide Independent Living Council, Ronald
Brown, South Charleston, Kanawha County, for the term ending June
30, 2009.
52.For Member, Statewide Independent Living Council, Marcus
Canaday, Charleston, Kanawha County, for the term ending June 30,
2009.
53.For Member, Statewide Independent Living Council, Linda
Maniak, Charleston, Kanawha County, for the term ending June 30,
2009.
54.For Member, Statewide Independent Living Council, Nathan
Parker, Huntington, Cabell County, for the term ending June 30,
2009.
55.For Member, Statewide Independent Living Council, Kelly
Simpson, Huntington, Cabell County, for the term ending June 30,
2009.
56.For Member, Statewide Independent Living Council, William
C. Davis, Elkview, Kanawha County, for the term ending June 30,
2008.
57.For Member, Statewide Independent Living Council, David
Sanders, Belle, Kanawha County, for the term ending June 30, 2008.
58.For Member, Statewide Independent Living Council, Erick
Dowdy, Huntington, Cabell County, for the term ending June 30,
2009.
59.For Member, Statewide Independent Living Council, Anne
Weeks, Huntington, Cabell County, for the term ending June 30,
2009.
60.For Member, Center for Professional Development Board,
Janie Merandino, Fairmont, Marion County, for the term ending June
30, 2008.
61.For Member, Center for Professional Development Board,
Kenneth D. Heiney, Elizabeth, Wirt County, for the term ending June
30, 2008.
62.For Member, Center for Professional Development Board,
Victoria Smith, Huntington, Cabell County, for the term ending June
30, 2008.
63.For Member, West Virginia University Board of Governors,
Stephen Goodwin, Charleston, Kanawha County, for the term ending
June 30, 2010.
64.For Member, Natural Resources Commission, Byron Chambers,
Romney, Hampshire County, for the term ending June 30, 2013.
65.For Member, Real Estate Commission, Jerry Zaferatos,
Daniels, Raleigh County, for the term ending June 30, 2010.
66.For Member, Southern West Virginia Community and
Technical College Board of Governors, Anne M. Seaver, Hamlin,
Lincoln County, for the term ending June 30, 2010.
67.For Member, Southern West Virginia Community and
Technical College Board of Governors, Kevin Fowler, Logan, Logan
County, for the term ending June 30, 2010.
68.For Member, Capitol Building Commission, H. Wood
Thrasher, Clarksburg, Harrison County, for the term ending June 30,
2010.
69.For Member, Parkways, Economic Development and Tourism
Authority, Cam Lewis, Daniels, Raleigh County, for the term ending
May 31, 2010.
70.For Member, Women's Commission, Cheri Heflin, Charleston, Kanawha County, for the term ending June 30, 2009.
71.For Member, Women's Commission, Robin Stultz, Weston,
Lewis County, for the term ending June 30, 2009.
72.For Member, Educational Broadcasting Authority, Thomas
Corder, Parkersburg, Wood County, for the term ending June 30,
2011.
73.For Member, Board of Architects, Stephen Barnum,
Fairmont, Marion County, for the term ending June 30, 2011.
74.For Member, Board of Architects, William E. Yoke,
Clarksburg, Harrison County, for the term ending June 30, 2010.
75.For Member, Ethics Commission, Bryan Towns, Fairmont,
Marion County, for the term ending June 30, 2011.
76.For Member, Sexually Violent Predator Management Task
Force, Dr. David Clayman, Charleston, Kanawha County, to serve at
the will and pleasure of the Governor.
77.For Member, Sexually Violent Predator Management Task
Force, Dr. Ryan Finkenbine, Morgantown, Monongalia County, to serve
at the will and pleasure of the Governor.
78.For Member, Sexually Violent Predator Management Task
Force, Leah Macia, Charleston, Kanawha County, to serve at the will
and pleasure of the Governor.
79.For Member, Sexually Violent Predator Management Task
Force, Christopher D. Chiles, Huntington, Cabell County, to serve
at the will and pleasure of the Governor.
80.For Member, Board of Coal Mine Health and Safety, Gary
Trout, Leivasy, Nicholas County, for the term ending June 30, 2009.
81.For Member, Board of Coal Mine Health and Safety,
Theodore B. Hapney, Reedy, Roane County, for the term ending June
30, 2007.
82.For Member, Board of Coal Mine Health and Safety, Carl
Egnor, Chapmanville, Logan County, for the term ending June 30,
2009.
83.For Member, Board of Coal Mine Health and Safety, David
Ashby, Seth, Boone County, for the term ending June 30, 2009.
84.For Member, Board of Coal Mine Health and Safety, Chris
Hamilton, Charleston, Kanawha County, for the term ending June 30,
2009.
85.For Director, Office of Miners' Health, Safety and
Training, Ronald Wooten, Bruceton Mills, Preston County, to serve
at the will and pleasure of the Governor.
86.For Member, Board of Chiropractic, Peggy Kiser-Crouch,
Charleston, Kanawha County, for the term ending June 30, 2009.
87.For Director, Division of Juvenile Services, Dale
Humphreys, New Haven, Mason County, to serve at the will and
pleasure of the Governor.
88.For Member, State Rail Authority, David Pancake, Romney,
Hampshire County, for the term ending June 30, 2010.
89.For Member, State Rail Authority, Max Scott, Daniels,
Raleigh County, for the term ending June 30, 2010.
90.For Member, State Rail Authority, Elwood Williams,
Moorefield, Grant County, for the term ending June 30, 2009.
91.For Member, Board of Optometry, Dr. Gregory S. Moore, South Charleston, Kanawha County, for the term ending June 30,
2007.
92.For Member, Board of Optometry, Dr. Richard Goellner,
Morgantown, Monongalia County, for the term ending June 30, 2009.
93.For Member, Board of Optometry, Dr. Clifton Hyre, Elkins,
Randolph County, for the term ending June 30, 2008.
94.For Member, Board of Optometry, Dr. David Laughlin,
Fairmont, Marion County, for the term ending June 30, 2008.
95.For Member, Board of Optometry, Lori Gemondo, Bridgeport,
Harrison County, for the term ending June 30, 2009.
96.For Member, Library Commission, Dennis Altizer, War,
McDowell County, for the term ending June 30, 2009.
97.For Member, Library Commission, Delbert Horstemeyer,
Weirton, Hancock County, for the term ending June 30, 2009.
98.For Member, Library Commission, Emily Hoylroyd,
Princeton, Mercer County, for the term ending June 30, 2009.
99.For Member, Library Commission, Charles Julian, Wheeling,
Ohio County, for the term ending June 30, 2008.
100.For Member, Library Commission, Merle Moore, Webster
Springs, Webster County, for the term ending June 30, 2010.
101.For Member, Fairmont State University Board of Governors,
Shirley Stanton, Fairmont, Marion County, for the term ending June
30, 2010.
102.For Member, Board of Examiners in Counseling, Dr. Bob
Mason, Shepherdstown, Jefferson County, for the term ending June
30, 2009.
103.For Director, Public Employees Insurance Agency, Ted
Cheatham, Charleston, Kanawha County, to serve at the will and
pleasure of the Governor.
104.For Member, Human Rights Commission, Ellen Allen,
Princeton, Mercer County, for the term ending June 30, 2009.
105.For Member, Human Rights Commission, Naomi Cohen, Gap
Mills, Monroe County, for the term ending June 30, 2007.
106.For Member, Human Rights Commission, Tim Hairston,
Westover, Monongalia County, for the term ending June 30, 2008.
107.For Member, Human Rights Commission, Dr. Darrell
Cummings, Wheeling, Ohio County, for the term ending June 30, 2008.
108.For Member, Human Rights Commission, Dr. Judith Scully,
Morgantown, Monongalia County, for the term ending June 30, 2007.
109.For Member, Human Rights Commission, Dr. Helen Bond,
Inwood, Berkeley County, for the term ending June 30, 2008.
110.For Member, Human Rights Commission, Lisa Younis,
Shepherdstown, Jefferson County, for the term ending June 30, 2009.
111.For Member, Human Rights Commission, William Williams,
Jr., Omar, Logan County, for the term ending June 30, 2009.
112.For Member, Human Rights Commission, Dawne Raines Burke,
Martinsburg, Berkeley County, for the term ending June 30, 2007.
113.For Member, Board of Directors of the West Virginia
United Health System, Inc., Sister Joel Patrice Christy,
Charleston, Kanawha County, for the term ending October 15, 2012.
114.For Member, Board of Directors of the West Virginia
United Health System, Inc., The Honorable Robert Maxwell, Elkins, Randolph County, for the term ending October 15, 2012.
115.For Member, Board of Physical Therapy, Jack Spadafore,
Bridgeport, Harrison County, for the term ending June 30, 2010.
116.For Member, Board of Physical Therapy, John Spiker,
Morgantown, Monongalia County, for the term ending June 30, 2009.
117.For Member, Board of Physical Therapy, Lesleigh Barber,
Charleston, Kanawha County, for the term ending June 30, 2008.
118.For Member, Board of Physical Therapy, Melanie Taylor,
Fenwick, Nicholas County, for the term ending June 30, 2011.
119.For Member, Board of Physical Therapy, Don Sensabaugh,
Charleston, Kanawha County, for the term ending June 30, 2009.
120.For Member, Board of Occupational Therapy, Phil Simpson,
Huntington, Cabell County, for the term ending December 31, 2007.
121.For Member, Board of Occupational Therapy, Brenda
Hambric, Beckley, Raleigh County, for the term ending December 31,
2008.
122.For Member, Board of Occupational Therapy, Gene Brooks,
Charleston, Kanawha County, for the term ending December 31, 2007.
123.For Member, Board of Occupational Therapy, Kathy
Quesenberry, Princeton, Mercer County, for the term ending December
31, 2007.
124.For Member, Tourism Commission, Steve White, Charleston,
Kanawha County, for the term ending May 1, 2010.
125.For Member, Tourism Commission, William T. Bright,
Summersville, Nicholas County, for the term ending May 1, 2010.
126.For Member, Board of Registration for Foresters, David Hill, Salem, Harrison County, for the term ending June 30, 2011.
127.For Member, Motor Vehicle Dealers Advisory Board, Patrick
Allen, Pennsboro, Ritchie County, for the term ending June 30,
2009.
128.For Member, Motor Vehicle Dealers Advisory Board, Larry
Myers, Bridgeport, Harrison County, for the term ending June 30,
2008.
129.For Member, Motor Vehicle Dealers Advisory Board, James
Williams, Martinsburg, Berkeley County, for the term ending June
30, 2008.
130.For Member, Motor Vehicle Dealers Advisory Board,
Margaret Wills, Rachel, Marion County, for the term ending June 30,
2007.
131.For Member, Motor Vehicle Dealers Advisory Board, Mike
Ratz, Logan, Logan County, for the term ending June 30, 2008.
132.For Member, Motor Vehicle Dealers Advisory Board, David
McMahon, Charleston, Kanawha County, for the term ending June 30,
2007.
133.For Member, Commission on the Arts, Rosa Lee Vitez,
Huntington, Cabell County, for the term ending June 30, 2009.
134.For Member, Commission on the Arts, Susan C. Hogan,
Wheeling, Ohio County, for the term ending June 30, 2009.
135.For Member, Commission on the Arts, Steve Hopta,
Bluefield, Mercer County, for the term ending June 30, 2009.
136.For Member, Commission on the Arts, John Strickland,
Charleston, Kanawha County, for the term ending June 30, 2009.
137.For Member, Commission on the Arts, Addie Ours,
Petersburg, Grant County, for the term ending June 30, 2009.
138.For Member, Commission on the Arts, Sam Winans,
Parkersburg, Wood County, for the term ending June 30, 2008.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Love, consideration of the nominations
immediately hereinbefore reported was made a special order of
business under unfinished business on tomorrow, Friday, November
10, 2006.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced and read by their titles:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2001--A Bill to amend and reenact §11-21-21 of
the Code of West Virginia, 1931, as amended, relating to personal
income tax; and increasing the amount of the senior citizens' and
disabled persons' tax credit.
At the request of Senator Helmick, and by unanimous consent, the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2002--A Bill to amend and reenact §11-24-6 of
the Code of West Virginia, 1931, as amended, relating to the
elimination of the corporation net income tax adjustment for pre-
1967 gains on the sale of property.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2003--A Bill to amend and reenact §11-15-3a of
the Code of West Virginia, 1931, as amended, relating to consumers
sales and service tax on sales, purchases and uses of food and food
ingredients intended for human consumption; reducing rate of tax on
sales, purchases and uses of food and food ingredients intended for
human consumption to four percent of the sales price after the
thirtieth day of June, two thousand seven; reducing the rate of tax
on sales, purchases and uses of food and food ingredients intended
for human consumption to three percent of the sales price after the
thirtieth day of June, two thousand eight; and providing that the
rate of tax on sales, purchases and uses of candy, prepared food, soft drinks and on sales of food through vending machines be six
percent of the sales price after the thirtieth day of June, two
thousand seven.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2004--A Bill to amend and reenact §11-23-6 of
the Code of West Virginia, 1931, as amended, relating to reducing
the rate of business franchise tax.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2005--A Bill to amend and reenact §11-24-4 of
the Code of West Virginia, 1931, as amended, relating to reducing
the rate of corporation net income tax.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2006--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5E-1-23; and to amend said code by adding thereto a new
section, designated §5E-2-5, all relating to capital companies and
venture capital companies; terminating authorization for the tax
credit for investment in capital companies made after the thirty-
first day of December, two thousand six; and terminating
authorization for the tax credit for investment in a venture
capital company made after the thirty-first day of December, two
thousand six.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2007--A Bill to amend and reenact §5B-2E-5 and
§5B-2E-11 of the Code of West Virginia, 1931, as amended, all
relating to tourism development projects; increasing total amount
of tourism development project tax credit available during calendar
years; establishing a termination date for action on applications
for tourism development projects; and validity of such projects not
previously approved.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2008--A Bill to amend and reenact §11-21-71a
of the Code of West Virginia, 1931, as amended, relating to
increasing the rate of personal income tax withholding for certain
nonresidents of West Virginia.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2009--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-71b, relating to personal income tax; imposing a
withholding tax on estimated capital gains derived from the sale of
West Virginia land, buildings or other real estate by a nonresident
individual or part-year resident individual; declaring the amount
of tax withheld; providing for payment of the tax withheld;
providing optional provisions for filing a tax return; establishing
liability for withholding tax; establishing authority to promulgate
legislative rules; and establishing effective date of section.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2010--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto four new sections,
designated §11-21-22, §11-21-22a, §11-21-22b and §11-21-22c, all
relating to personal income tax; enacting a low-income family tax
credit; defining terms; providing amount of credit; and providing
for administration of credit.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2011--A Bill to amend and reenact §11-15-8d of
the Code of West Virginia, 1931, as amended, relating to an
exemption from consumers sales and service tax for purchases by a
contractor when the purchased materials will be used or consumed in
the construction, alteration, repair or improvement of a new or
existing building or structure to be used primarily for
manufacturing.
At the request of Senator Helmick, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee on Finance.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of a meeting of a standing committee of
the Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, November 10, 2006, at 3 p.m.
____________