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Senate Journal



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sdj-63rd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

EXTENDED SESSION, 2011

SIXTY-THIRD DAY

____________

Charleston, W. Va., Tuesday, March 15, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)

Prayer was offered by the Honorable Mike Hall, a senator from the fourth district.
Pending the reading of the Journal of Monday, March 14, 2011,
On motion of Senator Helmick, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the third order of business.
Executive Communications

Senator Kessler (Acting President) laid before the Senate the following proclamation from His Excellency, the Governor, extending this current legislative session until and including the eighteenth day of March, two thousand eleven, 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 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 2011 regular session of the Legislature was to conclude on March 12, 2011; 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 9, 2011, extending the 2011 regular session of the Legislature for consideration of the Budget Bill through March 15, 2011; and
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 9, 2011, 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 18, 2011; 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 fifteenth day of March, in the year of our Lord, Two Thousand Eleven, and in the One Hundred Forty-Eighth year of the State.

EARL RAY TOMBLIN,
Governor.
By the Governor:

NATALIE E. TENNANT,
Secretary of State.
The Senate proceeded to the fourth order of business.
Senator Miller, 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 15th day of March, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 60), Relating to certain supervisory duties of circuit probation officers.
(Com. Sub. for S. B. No. 61), Relating generally to juvenile drug courts.
(Com. Sub. for S. B. No. 256), Requiring sex offenders verify e-mail and online identities.
(S. B. No. 358), Authorizing electronic registration of wildlife.
(S. B. No. 392), Changing definition of "accredited thoroughbred horse".
(S. B. No. 486), Creating WVU-Tech Revitalization Project.
And,
(Com. Sub. for S. B. No. 582), Relating to seals of notaries and commissioners.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Unger then moved that the Senate adjourn until tomorrow, Wednesday, March 16, 2011, at 4:30 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, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: Beach and Klempa--2.
Absent: Barnes, Chafin and Tomblin (Mr. President)--3.
So, a majority of those present and voting having voted in the affirmative, the Acting President declared Senator Unger's motion had prevailed.
In accordance with the foregoing motion, the Senate adjourned until tomorrow, Tuesday, March 15, 2011, at 4:30 p.m.
__________

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