Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

EXTENDED SESSION, 2012

SIXTY-THIRD DAY

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Charleston, W. Va., Tuesday, March 13, 2012The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.

    Pending the reading of the Journal of Monday, March 12, 2012,

    On motion of Senator Tucker, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the third order of business.

Executive Communications

    Senator Kessler (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 twelve, 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, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and

    WHEREAS, Article VI, Section 22 of the Constitution of West Virginia provides that this regular session of the Legislature not exceed sixty calendar days computed from and including the second Wednesday of January; and

    WHEREAS, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2012 regular session of the Legislature was to conclude on March 10, 2012; and

    WHEREAS, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and

    WHEREAS, Subsection D of said section 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, The Governor issued a proclamation on March 7, 2012, extending the 2012 regular session of the Legislature for consideration of the Budget Bill through March 13, 2012.

    NOW, THEREFORE, I, EARL RAY TOMBLIN, by virtue of the authority vested in me as the 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 7, 2012, by extending this regular session of the Legislature for consideration of the Budget Bill for an additional period not to exceed three days, through Friday, March 16, 2012; 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, this thirteenth day of March, in the year of our Lord, Two Thousand Twelve, and in the One Hundred Forty-Ninth year of the State.

  EARL RAY TOMBLIN,

    Governor.

By the Governor:

 NATALIE E. TENNANT,

     Secretary of State.

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senator Chafin.

    Senator Unger then moved that the Senate adjourn until tomorrow, Wednesday, March 14, 2012, at 5 p.m.

    The question being on the adoption of Senator Unger’s aforestated motion, and on this question, Senator Unger demanded the yeas and nays.

    The roll being taken, the yeas were: Boley, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Hall, Helmick, Jenkins, Kirkendoll, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--28.

    The nays were: Barnes, Foster, Klempa and Wells--4.

    Absent: Beach and Browning--2.

    So, a majority of those present and voting having voted in the affirmative, the President declared Senator Unger’s motion had prevailed.

    In accordance with the foregoing motion, the Senate adjourned until tomorrow, Wednesday, March 14, 2012, at 5 p.m.

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