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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2009

SECOND DAY

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Charleston, W. Va., Tuesday, June 16, 2009

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

     Prayer was offered by the Honorable Ron Stollings, a senator from the seventh district.
     Pending the reading of the Journal of Monday, June 15, 2009,
     On motion of Senator Caruth, the Journal was approved and the further reading thereof dispensed with.
     The following communication was reported by the Clerk:
WEST VIRGINIA LEGISLATURE

CHARLESTON

June 3, 2009

The Honorable Darrell E. Holmes
Clerk of the Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
     Under authority of Chapter 14, Article 2, Section 4 of the Code of West Virginia, we make the following appointment:
     J. David Cecil of Charleston, West Virginia, for a six-year term on the Court of Claims beginning July 1, 2009, and ending June 30, 2015.
     As you know, this appointment must be made with the advice and consent of the Senate. We trust that you will present this appointment to the Senate for consideration during the next meeting of the Seventy-Ninth Legislature.
                              Sincerely,
                               Earl Ray Tomblin,
                               President, Senate.
                               Richard Thompson,
                               Speaker, House of Delegates.
     Which communication was received and referred to the Committee on Confirmations.
     On motion of Senator Stollings, consideration of the nomination immediately hereinbefore reported was made a special order of business under unfinished business for tomorrow, Wednesday, June 17, 2009.
     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

June 15, 2009

Senate Executive Message No. 2
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, 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.
     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 and incorporated with the legislative nomination received earlier; all to be considered as a special order of business under unfinished business for tomorrow, Wednesday, June 17, 2009.
     Pending announcement of a meeting of a standing committee of the Senate,
     Senator Chafin then moved that the Senate adjourn until tomorrow, Wednesday, June 17, 2009, at 12 o'clock 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Helmick, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: Barnes and Deem--2.
     Absent: Hall, Jenkins and Unger--3.
     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 tomorrow, Wednesday, June 17, 2009, at 12 o'clock Noon.
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