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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

____________

                    Charleston, W. Va., Wednesday, January 14, 2009
     Pursuant to section eighteen, article six of the Constitution of the State of West Virginia, which prescribes that the Legislature shall convene annually on the second Wednesday in January, the Senate assembled in its chamber in the state capitol in the City of Charleston, West Virginia, on this the fourteenth day of January, two thousand nine, for the first annual session of the seventy-ninth Legislature, and at 12 o'clock Noon was called to order by the Clerk of the Senate, the Honorable Darrell E. Holmes.
     Pending organization of the Senate by the election of a President (under the provisions of section twenty-four, article six of the Constitution), the Honorable H. Truman Chafin, a senator from the sixth senatorial district, was called to the Chair to preside in his capacity as one of the oldest members present in point of continuous service.
     Prayer was offered by the Reverend W. Murray Page, First Presbyterian Church, Logan, West Virginia.
     At the request of Senator Kessler, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to permit the Senators to have members of their families as guests during today's session.
     The Honorable Betty Ireland, Secretary of State, appeared at the bar of the Senate and presented the official returns of the election held on the fourth day of November, two thousand eight, for members of the Senate for the State of West Virginia.
CANDIDATES FOR STATE SENATOR

FOR THE STATE OF WEST VIRGINIA

APPEARING TO HAVE BEEN ELECTED

NOVEMBER 4, 2008

     First Senatorial District: Jack Yost, of the County of Brooke;
     Second Senatorial District: Jeffrey V. Kessler, of the County of Marshall;
     Third Senatorial District: Donna J. Boley, of the County of Pleasants;
     Fourth Senatorial District: Karen L. Facemyer, of the County of Jackson;
     Fifth Senatorial District: Robert H. Plymale, of the County of Wayne;
     Sixth Senatorial District: John Pat Fanning, of the County of McDowell;
     Seventh Senatorial District: Earl Ray Tomblin, of the County of Logan;
     Eighth Senatorial District: Corey Palumbo, of the County of Kanawha;
     Ninth Senatorial District: Richard Browning, of the County of Wyoming;
     Tenth Senatorial District: Donald T. Caruth, of the County of Mercer;
     Eleventh Senatorial District: William R. Laird IV, of the County of Fayette;
     Twelfth Senatorial District: Douglas E. Facemire, of the County of Braxton;
     Thirteenth Senatorial District: Roman W. Prezioso, Jr., of the County of Marion;
     Fourteenth Senatorial District: Bob Williams, of the County of Taylor;
     Fifteenth Senatorial District: Clark S. Barnes, of the County of Randolph;
     Sixteenth Senatorial District: Herb Snyder, of the County of Jefferson;
     Seventeenth Senatorial District: Dan Foster, of the County of Kanawha.
     From the foregoing official returns of the election of members of the Senate, it appears that the persons therein named were elected to the Senate at the election held on the Tuesday next after the first Monday in November, two thousand eight.
     Whereupon,
     On the call of the roll of the Senate, the following members and members-elect answered to their names:
     Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Facemire, Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tomblin, White, Williams and Yost.
     Twenty-nine present and prospective members having answered to their names, the Chair declared the presence of a quorum.
     On motion of Senator Kessler, the Senate recessed for five minutes for the purpose of making introductions.
     Upon expiration of the recess, the Senate reconvened.
     The following members-elect came forward to the Clerk's desk and qualified by taking and subscribing to the several oaths of office prescribed by the Constitution, which oaths were administered by the Honorable Robin Jean Davis, Justice of the Supreme Court of Appeals of West Virginia: Jack Yost, of the County of Brooke; Jeffrey V. Kessler, of the County of Marshall; Donna J. Boley, of the County of Pleasants; Karen L. Facemyer, of the County of Jackson; Robert H. Plymale, of the County of Wayne; John Pat Fanning, of the County of McDowell; Earl Ray Tomblin, of the County of Logan; Corey Palumbo, of the County of Kanawha; Richard Browning, of the County of Wyoming; Donald T. Caruth, of the County of Mercer; William R. Laird IV, of the County of Fayette; Douglas E. Facemire, of the County of Braxton; Roman W. Prezioso, Jr., of the County of Marion; Bob Williams, of the County of Taylor; Clark S. Barnes, of the County of Randolph; Herb Snyder, of the County of Jefferson; and Dan Foster, of the County of Kanawha.
     All the members-elect having qualified, the Senate then proceeded to its biennial organization.
     The first order of business in the organization of the Senate being the election of a President,
     For that office, Senator Kessler nominated the Honorable Earl Ray Tomblin, of the County of Logan; seconded by Senator Minard.
     On motion of Senator Caruth, Senator Tomblin was reelected President of the Senate by acclamation.
     Whereupon, the Chair appointed Senators Kessler, Stollings and Caruth a committee to escort the President-elect to the Chair.
     A standing ovation was then accorded the President-elect, as he proceeded to the rostrum accompanied by the foregoing select committee.
     Whereupon, Senator Tomblin qualified as President, by taking the several oaths of office prescribed by law and administered by the Honorable Robin Jean Davis, Justice of the Supreme Court of Appeals of West Virginia.
     Senator Tomblin (Mr. President) assumed the Chair and addressed the Senate as follows:
     SENATOR TOMBLIN: Members of the Seventy-Ninth West Virginia State Senate, friends and visitors, it's with a great sense of our past common accomplishments and the very strong challenges of the coming months that I am once again honored to be selected to lead this body of distinguished West Virginia public servants as Senate President.
     I do not take this oath lightly, though I have been privileged to have been bound by it several times before. And while the issues we face can sometimes seem to be overwhelming, I've never entered the Office of Senate President without a great sense of optimism and determination that we can be successful for the people of West Virginia. As I am certain it is for you, my commitment is for the common good, working through the democratic process to move our state forward.
     Not only do I congratulate those of you who are newly elected to this body, welcoming back those from the previous state Senate, but I welcome all to this chamber who bear the responsibility of taking part in enacting public policy for all our citizens. It's for those alive today and those generations yet to take their places that we meet here every year.
     While you have so graciously chosen me to lead, we, nonetheless, have a mutual contract to get the people's work done, to work as a cohesive unit with the full understanding that their needs come first--that our full and undivided service is reward enough for what we will do together in the next session of the Legislature.
     In many ways the legislative challenges we face are going to be much like the ones we have faced in the past sessions: Balancing the state's checkbook, making certain we can pay for the demands for goods and services necessary for the operation of our social and fiscal infrastructure and keeping the lid on any new revenue measures.
     In the critical arena of the economy, economic development and through a variety of reforms, we have enjoyed great success. Our past work has made a tremendous difference, but, as we enter 2009, we face new economic challenges not witnessed in the history of my generation. For the moment, West Virginia is in the enviable position of not having to have suffered as much as some of the other regions of the nation as a result of the financial and economic crisis which came last year.  Many feel that maybe the worst is yet to come. We hope that doesn't happen, but if it threatens, we plan to be ready for any eventuality.
     As a result of constraint and tried and tested financial management led by the Legislature and with the willing help of the Executive Branch, our fiscal house has not been as damaged as some others. Had we taken some other directions, had we not tightened our belts or failed to bring accountability to state spending and had the discipline to pay down our debt, our financial status might be much different in comparison to the other states. During any other financial season, this could prove to be enough for us to be able to break out of our cycle of having to devote hundreds of millions of dollars annually to debt while allowing just pennies for infrastructure development and educational quality, and for salaries, pensions and benefits which are in great need of improvement.
     Because of the dark shadows on the horizon for the next few years, we will have to be even more diligent in how we raise our revenues and how we spend them in order to continue to be the state's first line of economic defense. That means that we have to double our efforts at making certain that every dollar counts twice as much because those dollars are going to be twice as hard to obtain for the taxpayers who bear the ultimate responsibility for paying for everything that we do here.
     We did not go through this past year without suffering some serious pain with state investments. Money was lost--hundreds of millions of dollars--in some of our programs, money which can be regained, but it's going to take a rigorous respect for the system of checks and balances to ensure that we will overcome those losses and will still move forward with our state.
     Some of our states and commonwealths have fallen upon uncommon and much harsher times than have we. We must--and I believe we can--avoid those same crises which they now face. We will have to accomplish it in a time of political change in the nation's capital. We face the very real possibility that our state's economic interests may be pitted against the interests of other groups and other voices. These voices are not so traditionally tilted in favor of what substantially helps make West Virginia the unique culture and economy it is today.
     The state that was once called a "dying state" by a national magazine in the 1950s, West Virginia has proven that given the opportunity to use its resources, without interference, it can take care of itself. We have shown we not only can be self-reliant but become a leader and model for other states facing similar challenges if we are left to care for our own house.
     We have learned from this current economic storm that we're not, as once was thought, at the will of the tossing tide. We have learned that given the opportunity and with the right kind of leadership our ship of state can weather the waves of high and low economic conditions with the best of them.
     As I noted earlier, however, to be able to continue to stay a step ahead of the conditions, which may get worse before they get better nationally, will require collective prudence, especially from the spending side of the ledger. We may all have to be willing to make sacrifices so that the ship, though battered, remains strong and ready to face the next gale. And, as has been the case nationally, so must West Virginia consider where and when it can seize upon the opportunities to reduce the financial load placed on the backs of taxpayers.
     The strongest economies are those which create real wealth which generates its own base of tax support, relieving breadwinners so they can do what they do best as consumers--and that is spend. The best stimulus package any economy can have is for those consumers to have good paying jobs which translate into an increase in job production. The more jobs we have, the more we can rely on personal spending and investment as the hedge against these financially troubling times. The best way to protect that environment is for a fair economic climate to be guaranteed by a government which does not take sides but sides in doing what's best for a free market to thrive.
     As I've said, and I believe, in particular, the Senate is the first line of economic defense in protecting workers' ability to work and make wages and in protecting businesses so they can make a profit and create the best jobs. From that will come a climate which stimulates both to invest in their own future. Government cannot and should not dictate who the winners and losers are or will be but should lay the groundwork so that each can have a shot at becoming a winner. It's the American way, and it's the West Virginia way.
     So as we get ready to plough through the bills, rules, resolutions and other matters brought to us by our electorate and from the Governor and his proposals for the coming year, we move with confidence, as well as with caution. We will move not with fear or hand wringing but with our sleeves rolled up, a willingness to lead with hard work and prepared to make the hard decisions. We do this knowing that riding on what we do in the sixty days upcoming should earn us the respect of those we represent. With that comes the blessings of generations to come who may look upon this Legislature and its work with appreciation for what we have all come together to do and that is to give to each other our best efforts in both word and deeds in an effort which matches the nobility of a special type of American--the Mountaineers of West Virginia.
     Thank you all very much for your confidence.

__________

     At the request of Senator Chafin, and by unanimous consent, the foregoing acceptance remarks by Senator Tomblin (Mr. President) were ordered extended in the Journal.
     The next order of business being the election of a Clerk,
     For that office, Senator Helmick nominated the Honorable Darrell E. Holmes, of the County of Kanawha; seconded by Senator McCabe.
     On motions of Senator Caruth, severally made, nominations were closed and the President was authorized to cast the unanimous vote of the Senate for the election of Mr. Holmes.
     The President then announced the vote and declared that Mr. Holmes, having received all the votes cast, had been unanimously reelected Clerk of the Senate.
     Whereupon, Mr. Holmes qualified as Clerk, by taking the several oaths of office prescribed by law and administered by the Honorable Robin Jean Davis, Justice of the Supreme Court of Appeals of West Virginia.
     The next order of business being the election of a Sergeant at Arms,
     For that office, Senator Bowman nominated the Honorable Howard L. Wellman, of the County of Mercer; seconded by Senator Fanning.
     On motions of Senator Caruth, severally made, nominations were closed and the President was authorized to cast the unanimous vote of the Senate for the election of Mr. Wellman.
     The President then announced the vote and declared that Mr. Wellman, having received all the votes cast, had been unanimously reelected Sergeant at Arms of the Senate.
     Whereupon, Mr. Wellman qualified as Sergeant at Arms, by taking the several oaths of office prescribed by law and administered by the Honorable Robin Jean Davis, Justice of the Supreme Court of Appeals of West Virginia.
     The last order of business in the biennial organization of the Senate being the election of a Doorkeeper,
     For that office, Senator McCabe nominated the Honorable Billy L. Bevino, of the County of Logan; seconded by Senator Foster.
     On motions of Senator Caruth, severally made, nominations were closed and the President was authorized to cast the unanimous vote of the Senate for the election of Mr. Bevino.
     The President then announced the vote and declared that Mr. Bevino, having received all the votes cast, had been unanimously elected Doorkeeper of the Senate.
     Whereupon, Mr. Bevino qualified as Doorkeeper, by taking the several oaths of office prescribed by law and administered by the Honorable Robin Jean Davis, Justice of the Supreme Court of Appeals of West Virginia.
     With the completion of organization of the Senate, by the election of officers for the seventy-ninth Legislature,
     The first organizing resolution was then offered, Senator Chafin submitting the following:
     Senate Resolution No. 1--Raising a committee to notify the House of Delegates the Senate has assembled and completed its organization.
     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, with a quorum present, organized by the reelection of the Honorable Earl Ray Tomblin as President and Mr. Darrell E. Holmes as Clerk, and is ready to proceed with the business of this regular session.
     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 Browning, Palumbo and Facemyer.
     Subsequently, Senator Browning reported that the committee had performed the duty assigned to it.
     The first message this session from the House of Delegates, by
     Delegates Iaquinta, Shook and Schadler, announced that the House of Delegates has assembled, with a quorum present, organized by the reelection of the Honorable Richard Thompson as Speaker, and Mr. Gregory M. Gray as Clerk, and is ready to proceed with the business of this first regular session of the seventy-ninth Legislature.
     Senator Chafin then offered the following resolution:
     Senate Resolution No. 2--Raising a committee to inform the Governor that the Legislature is organized.
     Resolved by the Senate:
     That a committee of three on the part of the Senate, to join with a committee on the part of the House of Delegates, be appointed by the President to notify His Excellency, the Governor, that the Legislature has assembled in regular session and organized by the election of officers as required by the Constitution and is ready, with a quorum of each house present, to proceed with the business of this session and to receive any communication or message he may desire to present.
     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 Fanning, Minard and Boley.
     A message from the House of Delegates, by
     Delegates Moore, D. Poling and Evans, announced that the Speaker had appointed them a committee of three to join with the similar committee on the part of the Senate under the provisions of Senate Resolution No. 2 to wait upon the Governor. Senate and House members of this select committee then proceeded to the executive offices.
     Subsequently, Senator Fanning reported that the joint Senate and House committee had performed the duty assigned to it.
     Senator Chafin then offered the following resolution:
     Senate Resolution No. 3--Adopting rules of the Senate.
     Resolved by the Senate:
     That the rules of the Senate in effect at the expiration of the seventy-eighth Legislature are hereby adopted and shall govern the proceedings of the regular sessions of the seventy-ninth Legislature and any extraordinary sessions insofar as applicable, subject to amendment as provided by Rule 60.
     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.
     Senator Helmick offered the following resolution:
     Senate Resolution No. 4--Relating to the mailing of bills and journals.
     Resolved by the Senate:
     That during the regular and any extraordinary session of the seventy-ninth Legislature the Clerk of the Senate is hereby authorized to have mailed from the Senate document room copies of bills and daily journals of the Senate to addresses furnished by members of the Senate, twenty of which such addresses may be submitted by each; the expenses of such mailing, including postage, to be paid out of the contingent fund of the Senate by the Auditor of West Virginia, in advance of the appropriation therefor, under requisition drawn by the Clerk of the Senate.
     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.
     Senator Helmick offered the following resolution:
     Senate Resolution No. 5--Authorizing the appointment of employees for the Senate for the two thousand nine regular sixty-day session of the seventy-ninth Legislature, commencing Wednesday, February 11, 2009, and payment of their compensation.
     Resolved by the Senate:
     That the Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate is hereby authorized to appoint employees to receive the per diem compensation, as herein provided, during this regular sixty-day session of the seventy-ninth Legislature, and any extension thereof as follows:
     Twenty-six Class I secretaries at a rate of sixty-five dollars to eighty-three dollars per diem;
     Ten Class II secretaries at a rate of sixty-seven dollars to eighty-three dollars per diem;
     Nine Class III secretaries at a rate of sixty-nine dollars to seventy-five dollars per diem;
     Six Class IV secretaries at a rate of seventy-one dollars to seventy-eight dollars per diem;
     Seven legislative analysts at a rate of sixty dollars to eighty-three dollars per diem;
     Twelve legal counselors at a rate of one hundred eighty dollars to two hundred twenty-five dollars per diem; assignments and salary to be determined by the President of the Senate;
     Two bill and journal clerks to the Senate Clerk at a rate of sixty-five dollars per diem;
     Six proofreaders at a rate of sixty dollars to sixty-six dollars per diem;
     One journal room supervisor at a rate of one hundred six dollars per diem;
     One assistant journal room supervisor at a rate of eighty dollars per diem;
     Nine journal and bill room clerks at a rate of sixty dollars to seventy-three dollars per diem;
     One Sergeant at Arms at a rate not to exceed one hundred fifty-four dollars per diem;
     One chief assistant Sergeant at Arms at a rate of seventy-four dollars per diem;
     Six assistants to the Sergeant at Arms at a rate of fifty-five dollars to seventy-two dollars per diem;
     One Doorkeeper at a rate of one hundred twelve dollars per diem;
     One chief assistant Doorkeeper at a rate of sixty-six dollars per diem;
     Eight assistants to the Doorkeeper at a rate of fifty-five dollars to sixty-eight dollars per diem;
     One information clerk at a rate of seventy-five dollars per diem (thirty-seven dollars and fifty cents per diem paid by House of Delegates);
     Seven messengers at a rate of fifty-five dollars to sixty-five dollars per diem;
     One head page at a rate of sixty-four dollars per diem;
     One assistant head page at a rate of sixty dollars per diem;
     One recording system operator at a rate of eighty-two dollars per diem;
     One duplicating machine operator at a rate of sixty-three dollars per diem;
     One parking coordinator at a rate of ninety-six dollars per diem (forty-eight dollars per diem paid by House of Delegates);
     The Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to employ such per diem staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. In all such cases, the Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to supervise and dismiss such staff personnel ; and, be it
     Further Resolved, That the appointment of salaried full-time employees of the Senate for the year two thousand nine and their compensation, at the following amounts per month, for such periods of time as they are employed in the positions designated, is hereby authorized, as follows:
Clerk         $7,729.17
Assistant Clerk          4,854.17
Executive Secretary to Clerk          3,041.67
Fiscal Officer         4,125.00
Assistant Fiscal Officer         3,208.34
Administrative Secretary         2,958.34
Technical Support          2,541.67
Administrative Assistant to President          5,645.84
Administrative Assistant to President          3,625.00
Executive Secretary to President         2,895.84
Secretary to Majority Leader         2,083.34
Secretary to Minority Leader         2,270.84
Deputy Clerk   4,854.17
Legislative Assistant III          3,645.84
Legislative Assistant II         3,208.34
Legislative Assistant II          2,895.84
Legislative Assistant I          2,291.67
Legislative Assistant I          2,291.67
Attorney       7,041.67
Attorney       6,833.34
Attorney       6,083.34
Attorney       5,833.34
Attorney       5,770.84
Attorney       5,458.34
Budget Analyst to Finance Committee          4,250.00
Legislative Analyst          3,041.67
Legislative Analyst          2,937.50
Legislative Analyst          2,541.67
Legislative Analyst          2,500.00
Secretary to Finance Committee Chairman          3,000.00
Secretary to Government Organization Committee          2,520.84
Secretary to Health and Human Resources Committee          2,500.00
Administrative Assistant/Staff Secretary
to Judiciary Committee          2,750.00
Secretary to Judiciary Committee          2,520.84
Committee Support         2,583.34
Supervisor, Materials & Supplies          3,645.84
Communications Clerk          3,000.00
Mail/Supply Clerk          2,770.84
Chief Custodian          3,104.17
Custodian      2,000.00
Custodian      1,541.67
     The Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to employ such full-time staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. In all such cases, the Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to supervise and dismiss such staff personnel.
     At the request of Senator Chafin, unanimous consent being granted, the resolution (S. R. No. 5) was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senators Tomblin (Mr. President), Chafin and Caruth offered the following resolution:
     Senate Concurrent Resolution No. 1--Adopting joint rules of the Senate and House of Delegates.
     Resolved by the Legislature of West Virginia:
     That the Joint Rules of the Senate and House of Delegates governing the seventy-eighth Legislature are hereby adopted to govern the proceedings of the seventy-ninth Legislature, subject to subsequent amendment.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senators Tomblin (Mr. President), Helmick and Caruth offered the following resolution:
     Senate Concurrent Resolution No. 2--Relating to the payment of bills for supplies, services and printing and authorized contingent and other expenses of the seventy-ninth Legislature.
     Resolved by the Legislature of West Virginia:
     That for the regular and any extraordinary session of the seventy-ninth Legislature, the Auditor of West Virginia, in advance of the appropriation for such purposes, is hereby authorized, upon proper requisition of the Clerk of the Senate and the Clerk of the House of Delegates, to pay bills for supplies and for services furnished to the Legislature preparatory to the beginning of, during and following the adjournment of sessions, including contingent expenses of the respective houses; the per diem of officers, other than the President of the Senate and the Speaker of the House of Delegates, and employees of the Senate and of the House of Delegates; travel expenses of members as authorized by law; bills for legislative printing as the accounts for same become due; and any other authorized contingent and other expenses of the Legislature or the respective houses.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     On motion of Senator Chafin, the Senate recessed until 1:30 p.m. today.
     Upon expiration of the recess, the Senate reconvened and proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 1--Raising a Joint Assembly to open and publish election returns.
     Resolved by the Legislature of West Virginia:
     That the two houses of the Legislature convene in Joint Assembly in the Hall of the House of Delegates at 2:15 o'clock postmeridian, this day, that the Speaker of the House of Delegates may, in the presence of the Senate, open and publish the returns of the election held throughout the State on the 4th day of November, 2008, as provided by Sec. 3, Article VII of the Constitution.
     At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 2--Providing for an adjournment of the Legislature until February 11, 2009.
     Whereas, The first regular session of the 79th Legislature assembled on this date, the second Wednesday in January, 2009, organized by the election of officers of the two houses, and the two houses in joint assembly opened and published the returns of the election of state officers held on the 4th day of November, 2008, all as prescribed by Section 18, Article VI of the Constitution of the State; and the two houses adopted rules to govern their proceedings and separately and concurrently acted on certain other matters incident to organization; therefore, be it
     Resolved by the Legislature of West Virginia:
     That having complied with the provisions of said section of the Constitution, when adjournment is taken by the two houses this day, such adjournment shall be until February 11, 2009, at 12 o'clock meridian.
     At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The hour of 2:15 p.m. having arrived, that being the time set for the joint assembly to open and publish state election returns (under the provisions of H. C. R. No. 1, previously adopted by the Senate),
     On motion of Senator Chafin, the Senate recessed until five minutes after adjournment of the joint assembly. Members of the Senate then repaired in a body to the hall of the House of Delegates.
***

     (NOTE: For formal procedure in the joint assembly, see the Journal of the House of Delegates for this day.)
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     The joint assembly having been dissolved, the Senate returned to its chamber and resumed its regular session.
     A message from the Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     Senate Concurrent Resolution No. 1, Adopting joint rules of Senate and House of Delegates.
     A message from the Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     Senate Concurrent Resolution No. 2, Relating to payment of supplies, services, printing and other expenses.
     At the request of Senator McCabe, and by unanimous consent, Senator McCabe addressed the Senate regarding the absence of Senator Wells, a senator from the eighth district, due to naval reserve obligations.
     Thereafter, at the request of Senator Foster, unanimous consent being granted, the remarks by Senator McCabe were ordered printed in the Appendix to the Journal.
     On motion of Senator Chafin, and in accordance with House Concurrent Resolution No. 2, previously adopted, the Senate adjourned until Wednesday, February 11, 2009, at 12 o'clock Noon.
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