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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2009

THIRD DAY

____________

Charleston, W. Va., Wednesday, June 17, 2009

     The Senate met at 12 o'clock Noon.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Jeffrey V. Kessler, a senator from the second district.
     Pending the reading of the Journal of Tuesday, June 16, 2009,
     On motion of Senator Chafin, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the fourth order of business.
     Senator Stollings, from the Committee on Confirmations, submitted the following report, which was received:
     Your Committee on Confirmations has had under consideration
     Senate Executive Message No. 2, dated June 15, 2009, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 2 is submitted:
     1.   For Member, Board of Control for Southern Regional Education Board, Brian Noland, Charleston, Kanawha County, for the term ending June 30, 2012.
     2.   For Member, Board of Control for Southern Regional Education Board, The Honorable Roman W. Prezioso, Jr., Fairmont, Marion County, for the term ending June 30, 2011.
     3.   For Member, Public Employees Insurance Agency Finance Board, Joshua Sword, Charleston, Kanawha County, for the term ending June 30, 2012.
     4.   For Member, Investment Management Board of Trustees, David H. McKinley, Wheeling, Ohio County, for the term ending January 31, 2015.
     5.   For Chief Administrative Law Judge, Office of Judges Workers' Compensation Division of the Insurance Commission, Rebecca Roush, Mason, Mason County, for the term ending December 1, 2011.
     And,
     A letter from the President of the Senate and the Speaker of the House of Delegates, dated June 3, 2009, requesting confirmation by the Senate of the nomination mentioned therein. The following name is submitted:
     1.   For Judge, Court of Claims, J. David Cecil, Charleston, Kanawha County, for the term ending June 30, 2015.
     And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
     
Respectfully submitted,

     
Ron Stollings,

     
Chair.

__________

     At the request of Senator Chafin, and by unanimous consent, the Senate proceeded to the seventh order of business.
     The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, and a legislative nomination submitted by the President of the Senate and the Speaker of the House of Delegates, as required by Chapter 14, Article 2, Section 4 of the Code of West Virginia, the special order thereon was called by the President.
     Thereupon, Senator Tomblin (Mr. President) laid before the Senate the following executive message and letter from the President of the Senate and the Speaker of the House of Delegates:
     Senate Executive Message No. 2, dated June 15, 2009 (shown in the Senate Journal of yesterday, Tuesday, June 16, 2009, pages 3 and 4);
     And,
     A letter from the President of the Senate and the Speaker of the House of Delegates, dated June 3, 2009 (shown in the Senate Journal of yesterday, Tuesday, June 16, 2009, pages 1 and 2).
     Senator Stollings then moved that the Senate advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations, except the nomination of the Honorable Roman W. Prezioso, Jr., to the Board of Control for Southern Regional Education Board (being nomination number 2 in Executive Message No. 2).
     The question being on the adoption of the aforestated motion by Senator Stollings,
     The roll was then taken; and
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the motion by Senator Stollings had prevailed and that all the executive nominations referred to in the foregoing report from the Committee on Confirmations, except the nomination of the Honorable Roman W. Prezioso, Jr., to the Board of Control of Southern Regional Education Board (being nomination number 2 in Executive Message No. 2) had been confirmed.
     Senator Stollings then moved that the Senate advise and consent to the nomination of the Honorable Roman W. Prezioso, Jr., to the Board of Control of Southern Regional Education Board (being nomination number 2 in Executive Message No. 2) be confirmed.
     Prior to the call of the roll, Senator Prezioso moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
     The roll was then taken; and
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--28.
     The nays were: None.
     Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
     Excused from voting: Prezioso--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the motion by Senator Stollings had prevailed and the nomination of the Honorable Roman W. Prezioso, Jr., to the Board of Control for Southern Regional Education Board had been confirmed.
     Senator Stollings then moved that the legislative nomination of J. David Cecil, as Judge, Court of Claims, be confirmed.
     The question being on the adoption of the aforestated motion by Senator Stollings,
     The roll was then taken; and
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the motion by Senator Stollings had prevailed and that the legislative nomination referred to in the foregoing report from the Committee on Confirmations had been confirmed.
__________

     Consideration of executive and legislative nominations having been concluded,
     At the request of Senator Chafin, and by unanimous consent, Senator Chafin addressed the Senate regarding the William M. Bulger Excellence in State Legislative Leadership Award.
     Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Chafin were ordered extended in the Journal as follows:
     SENATOR CHAFIN: Ladies and gentlemen, if I could have your attention for a minute. It's an important day here. Something came across the wire a while ago that I want to share with you. Each year the State Legislative Leaders Foundation, along with the National Conference of State Legislatures, presents the William M. Bulger Excellence in State Legislative Leadership Award to a state legislative leader.
     This year's recipient has shown his leadership by preserving and building public trust in the institution of state legislatures. This person's career has embodied that of the highest principles of integrity, leadership, compassion, vision and courage. This award has been given every year since l966 when William M. Bulger, former President of the Massachusetts State Senate, received it.
     It is my high honor today to inform you all that our Senate President and Lt. Governor, Earl Ray Tomblin, has been awarded this prestigious honor. Please stand and congratulate him on this great honor.
________

     The Senate proceeded to the thirteenth order of business.
     Senator Chafin called attention to today being the birthday of the senator from Jackson and on behalf of the Senate extended felicitations and good wishes to Senator K. Facemyer, with Senator D. Facemire leading the members in singing "Happy Birthday".
     On motion of Senator Chafin, the Senate recessed until 12:45 p.m. today.
     Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 2001, Making supplementary appropriation of Lottery Net Profits to various accounts.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 2002,
Making supplementary appropriation from General Revenue to Department of Administration .
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 2003, Making supplementary appropriation from General Revenue to various accounts.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 2004, Supplementing, amending and increasing items from State Road Fund to Department of Transportation.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 2005, Making supplementary appropriation from General Revenue to Department of Education and the Arts.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 2006, Making supplementary appropriation from State Excess Lottery Revenue Fund to Department of Education.
     Senator Chafin offered the following pre-adjournment resolution:
     Senate Resolution No. 203--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
     Resolved by the Senate:
     That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
     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 Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
     Senators Prezioso, Stollings and K. Facemyer.
     Subsequently, Senator Prezioso reported that the duties assigned by Senate Resolution No. 203 had been performed.
     Thereafter, a three-member delegation from the House of Delegates, namely
     Delegates Iaquinta, Beach and Schadler, announced that that body also had completed its labors and was ready to adjourn sine die.
     Senator Chafin then offered the following resolution:
     Senate Resolution No. 204--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
     Resolved by the Senate:
     That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
     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.
     Under the provisions of the foregoing resolution, Senator Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:
     Senators Bowman, Edgell and Barnes.
     Delegates Moore, D. Poling and Ireland, then announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.
     Senators Bowman, Edgell and Barnes, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.
     Subsequently, Senator Bowman, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Bowman then reported this mission accomplished.
     At the request of Senator Palumbo, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this second extraordinary session of the seventy-ninth Legislature in the year two thousand nine, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.
     In accordance with the foregoing unanimous consent agreement, the following report of the Joint Committee on Enrolled Bills was filed as follows:
     Senator Palumbo, 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 22nd day of June, 2009, 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:
     (S. B. No. 2001), Making supplementary appropriation of Lottery Net Profits to various accounts.
     (S. B. No. 2002), Making supplementary appropriation from General Revenue to Department of Administration.
     (S. B. No. 2003), Making supplementary appropriation from General Revenue to various accounts.
     (S. B. No. 2004), Supplementing, amending and increasing items from State Road Fund to Department of Transportation.
     (S. B. No. 2005), Making supplementary appropriation from General Revenue to Department of Education and the Arts.
     And,
     (S. B. No. 2006), Making supplementary appropriation from State Excess Lottery Revenue Fund to Department of Education.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
Executive Communications

     Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
     The Clerk then presented communications from His Excellency, the Governor, advising that on June 23, 2009, he had approved Enr. Senate Bill No. 2001, Enr. Senate Bill No. 2002, Enr. Senate Bill No. 200
3, Enr. Senate Bill No. 2004, Enr. Senate Bill No. 2005 and Enr. Senate Bill No. 2006.
     On motion of Senator Chafin, the second extraordinary session of the Senate in the year two thousand nine adjourned sine die.
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