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Senate Journal


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sdj-61st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

EXTENDED SESSION, 2009

SIXTY-FIRST DAY

____________

Charleston, W. Va., Sunday, April 12, 2009

     The Senate met at 12:01 a.m. for an extended session, today's proceedings being authorized by Senate Concurrent Resolution No. 68 (Extending 2009 regular legislative session) adopted on April 8, 2009.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.
     Pending the reading of the Journal of Saturday, April 11, 2009,
     On motion of Senator Oliverio, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded 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. 771, Making supplemental appropriation of federal funds 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. 772, Making supplemental appropriation 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. 773, Making supplemental appropriation to Department of Agriculture, Land Protection Authority.
     The Senate proceeded to the sixth order of business.
     At the request of Senator Chafin, unanimous consent being granted, Senator Chafin offered the following resolution from the floor:
     Senate Concurrent Resolution No. 83--Providing for an adjournment of the Legislature until May 26, 2009.
     Resolved by the Legislature of West Virginia:
     That when adjournment is taken by the two houses of the Legislature at the close of their respective sessions on April 12, 2009, such adjournment shall be until May 26, 2009, pursuant to section 23, article VI of the Constitution of the State of West Virginia, unless called prior to that time by a majority vote of the Joint Committee on Joint Rules of the Legislature.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed.
     The question being on the adoption of the resolution (S. C. R. No. 83), and on the question, Senator Chafin demanded the yeas and nays.
     The roll being taken, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: Kessler and Oliverio--2.
     Absent: None.
     So, a majority of those present and voting having voted in the affirmative, the President declared the resolution (S. C. R. No. 83) adopted.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the twelfth order of business.
     Without objection, the Senate returned to the third order of business.
     Remarks were made by Senators Chafin, Fanning and Deem.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     Senate Concurrent Resolution No. 83, Providing for adjournment of Legislature until May 26, 2009.
     Senator Chafin then moved that under the provisions of Senate Concurrent Resolution No. 83 the Senate adjourn until Tuesday, May 26, 2009, at Noon.
     The question being on the adoption of Senator Chafin's motion, and on this question, Senator Chafin demanded the yeas and nays.
     The roll being taken, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: Barnes--1.
     Absent: None.
     So, a majority of those present and voting having voted in the affirmative, the President declared Senator Chafin's motion had prevailed.
     In accordance with the foregoing motion, the Senate adjourned until Tuesday, May 26, 2009, at Noon.
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