WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

THIRD EXTRAORDINARY SESSION, 2011

THIRD DAY

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

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

     Prayer was offered by the Honorable Ronald F. Miller, a senator from the tenth district and Pastor, Shuck Memorial Baptist Church, Lewisburg, West Virginia, and West Point Baptist Church, Asbury, West Virginia.
     Pending the reading of the Journal of Monday, November 14, 2011,
     On motion of Senator Kirkendoll, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the fourth order of business.
     Senator Edgell, from the Committee on Confirmations, submitted the following report, which was received:
     Your Committee on Confirmations has had under consideration
     Senate Executive Message No. 1, dated November 13, 2011, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 1 is submitted:
      1.  For Director, Division of Protective Services, Randy Mayhew, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
      2.  For Director, Office of Miners' Health, Safety and Training, C. A. Phillips, Pipestem, Summers County, to serve at the will and pleasure of the Governor.
      3.  For Member, Concord University Board of Governors, Myra Susan Rogers, Hinton, Summers County, for the term ending June 30, 2015.
      4.  For Member, Concord University Board of Governors, Lane Bailey, Fairfax Station, Virginia, for the term ending June 30, 2015.
      5.  For Member, Board of Professional Surveyors, R. Michael Shepp, Shepherdstown, Jefferson County, for the term ending June 30, 2015.
      6.  For Member, Public Employees Insurance Agency Finance Board, Michael Smith, Milton, Cabell County, for the term ending June 30, 2015.
      7.  For Member, Statewide Independent Living Council, Beverly Jones, Hurricane, Putnam County, for the term ending June 30, 2014.
      8.  For Member, Statewide Independent Living Council, Brenda Lamkin, Buckhannon, Upshur County, for the term ending June 30, 2014.
      9.  For Member, Statewide Independent Living Council, James Qualls, Huntington, Cabell County, for the term ending June 30, 2014.
     10.  For Member, Statewide Independent Living Council, David Sanders, Charleston, Kanawha County, for the term ending June 30, 2014.
     11.  For Member, Statewide Independent Living Council, Gregory Bilonick, Maidsville, Monongalia County, for the term ending June 30, 2014.
     12.  For Member, Statewide Independent Living Council, Todd Rundle, Fairmont, Marion County, for the term ending June 30, 2014.
     13.  For Member, Statewide Independent Living Council, Cindy Spinks, Summersville, Nicholas County, for the term ending June 30, 2014.
     14.  For Member, Statewide Independent Living Council, Bob Waybright, Webster Springs, Webster County, for the term ending June 30, 2014.
     15.  For Member, Board of Chiropractic Examiners, Dr. Roger Kritzer, Fairmont, Marion County, for the term ending June 30, 2014.
     16.  For Member, Board of Chiropractic Examiners, Dr. Peggy Kiser-Crouch, Charleston, Kanawha County, for the term ending June 30, 2012.
     17.  For Member, Glenville State College Board of Governors, Richard Heffelfinger, Charleston, Kanawha County, for the term ending June 30, 2015.
     18.  For Member, Glenville State College Board of Governors, Dr. William Deel, Milton, Cabell County, for the term ending June 30, 2015.
     19.  For Member, West Virginia School of Osteopathic Medicine Board of Governors, C. Sue Holvey, Roanoke, Lewis County, for the term ending June 30, 2015.
     20.  For Member, Board of Pharmacy, George Karos, Martinsburg, Berkeley County, for the term ending June 30, 2016.
     21.  For Member, Natural Resources Commission, Dr. Thomas Owen Dotson, White Sulphur Springs, Greenbrier County, for the term ending June 30, 2018.
     22.  For Member, Concord University Board of Governors, Brace Mullett, Charleston, Kanawha County, for the term ending June 30, 2014.
     23.  For Member, Concord University Board of Governors, David Barnette, Charleston, Kanawha County, for the term ending June 30, 2014.
     24.  For Member, Board of Control for Southern Regional Education, The Honorable Roman W. Prezioso, Jr., Fairmont, Marion County, for the term ending June 30, 2015.
     25.  For Member, Human Rights Commission, Dr. Darrell Cummings, Wheeling, Ohio County, for the term ending June 30, 2014.
     26.  For Member, Human Rights Commission, Wesley Dobbs, Carolina, Marion County, for the term ending June 30, 2013.
     27.  For Member, Human Rights Commission, Karl Gattlieb, Charleston, Kanawha County, for the term ending June 30, 2013.
     28.  For Member, Human Rights Commission, Timothy Hairston, Westover, Monongalia County, for the term ending June 30, 2014.
     29.  For Member, Human Rights Commission, William Williams, Jr., Omar, Logan County, for the term ending June 30, 2012.
     30.  For Member, Human Rights Commission, Lisa Younis, Shepherdstown, Jefferson County, for the term ending June 30, 2012.
     31.  For Member, Human Rights Commission, The Honorable Terry Walker, Kearneysville, Jefferson County, for the term ending June 30, 2014.
     32.  For Member, Public Employees Grievance Board, Bob Brown, Charleston, Kanawha County, for the term ending June 30, 2013.
     33.  For Member, Public Employees Grievance Board, Melissa Lampinen, Buckhannon, Upshur County, for the term ending June 30, 2012.
     34.  For Member, Public Employees Grievance Board, David Roberts, Fairmont, Marion County, for the term ending June 30, 2014.
     35.  For Member, Public Employees Grievance Board, William Burdette, Huntington, Cabell County, for the term ending June 30, 2013.
     36.  For Member, Veterans' Council, James DeCarlo, St. Albans, Kanawha County, for the term ending June 30, 2013.
     37.  For Member, Human Rights Commission, John McFerrin, Beckley, Raleigh County, for the term ending June 30, 2012.
     38.  For Member, Marshall University Board of Governors, Wyatt Scaggs, Logan, Logan County, for the term ending June 30, 2015.
     39.  For Member, Northern Community College Board of Governors, Mary K. Hervey De Garmo, Wellsburg, Brooke County, for the term ending June 30, 2012.
     40.  For Member, Northern Community College Board of Governors, H. Brann Altmeyer, Wheeling, Ohio County, for the term ending June 30, 2014.
     41.  For Member, Northern Community College Board of Governors, Christin Byrum, Wheeling, Ohio County, for the term ending June 30, 2014.
     42.  For Member, Northern Community College Board of Governors, Dr. Darrell Cummings, Wheeling, Ohio County, for the term ending June 30, 2013.
     43.  For Member, Mountwest Community and Technical College Board of Governors, Bob Bailey, Huntington, Cabell County, for the term ending June 30, 2014.
     44.  For Member, Mountwest Community and Technical College Board of Governors, Jason Moses, Huntington, Cabell County, for the term ending June 30, 2014.
     45.  For Member, Mountwest Community and Technical College Board of Governors, Susan Richardson, Proctorville, Ohio, for the term ending June 30, 2014.
     46.  For Member, Board of Accountancy, Donald Nestor, Buckhannon, Upshur County, for the term ending June 30, 2013.
     47.  For Member, Board of Accountancy, Louis Costanzo III, Wheeling, Ohio County, for the term ending June 30, 2012.
     48.  For Member, Board of Accountancy, Reed Tanner, Morgantown, Monongalia County, for the term ending June 30, 2014.
     49.  For Member, Board of Accountancy, Harold Davis, Lenore, Mingo County, for the term ending June 30, 2012.
     50.  For Member, Board of Accountancy, David Hill, Charleston, Kanawha County, for the term ending June 30, 2014.
     51.  For Member, Board of Accountancy, Barry Burgess, Huntington, Cabell County, for the term ending June 30, 2013.
     52.  For Member, Eastern West Virginia Community and Technical College Board of Governors, Dixie Bean, Moorefield, Hardy County, for the term ending June 30, 2015.
     53.  For Member, West Liberty University Board of Governors, Lisa Allen, Wheeling, Ohio County, for the term ending June 30, 2013.
     54.  For Member, Northern Community College Board of Governors, Joseph Craycraft, Wheeling, Ohio County, for the term ending June 30, 2012.
     55.  For Member, Bridgemont Community and Technical College Board of Governors, David Barnhart, Oak Hill, Fayette County, for the term ending June 30, 2014.
     56.  For Member, Bridgemont Community and Technical College Board of Governors, David Lewia, Elkview, Kanawha County, for the term ending June 30, 2014.
     57.  For Member, State Board of Education, The Honorable Lloyd G. Jackson II, Hamlin, Lincoln County, for the term ending November 4, 2020.
     58.  For Member, Mountwest Community and Technical College Board of Governors, Thomas Gibson, Kenova, Wayne County, for the term ending June 30, 2014.
     And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
     Respectfully submitted,
      Larry J. Edgell,
      Chair.
     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, the special order thereon was called by the President.
     Thereupon, Senator Kessler (Mr. President) laid before the Senate the following executive message:
     Senate Executive Message No. 1, dated November 13, 2011 (shown in the Senate Journal of today, pages 8 through 16, inclusive).
     Senator Edgell 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 (being nomination number 24 in Executive Message No. 1).
     The question being on the adoption of Senator Edgell's aforestated motion,
     The roll was then taken; and
     On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, K. Facemyer, Hall, Palumbo and Wells--5.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Edgell's motion 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 for Southern Regional Education (being nomination number 24 in Executive Message No. 1) had been confirmed.
     Senator Edgell then moved that the Senate advise and consent to the nomination of The Honorable Roman W. Prezioso, Jr., to the Board of Control for Southern Regional Education (being nomination number 24 in Executive Message No. 1).
     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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Plymale, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, K. Facemyer, Palumbo and Wells--4.
     Excused from voting: Prezioso--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Edgell's motion had prevailed and the nomination of The Honorable Roman W. Prezioso, Jr., to the Board of Control for Southern Regional Education had been confirmed.
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     Consideration of executive nominations having been concluded,
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Stollings, Snyder and Unger.
     Thereafter, at the request of Senator Edgell, and by unanimous consent, the remarks by Senators Stollings and Snyder were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the thirteenth order of business.
     Senator Unger called attention to the birthdays of the senators from Wetzel, Wyoming and Marshall and on behalf of the Senate extended felicitations and good wishes to Senators Edgell, Browning and Kessler (Mr. President), with Senator Klempa leading the members in singing "Happy Birthday".
     Without objection, the Senate returned to the third order of business.
     A message from the Clerk of the House of Delegates announced that the House completed the business for which it was called together pursuant to Section 3, Article VII of the Constitution, on Sunday, November 13, 2011, and adjourned sine die on that same date.
     Senator Unger offered the following pre-adjournment resolution:
     Senate Resolution No. 303--Raising a committee to notify His Excellency, the Governor, that 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 His Excellency, the Governor, that the Senate has completed its labors, including the election of the Honorable Jeffrey V. Kessler as President, and is ready to adjourn sine die.
     At the request of Senator Unger, 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 Kessler (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:
     Senators Plymale, Snyder and Nohe.
     Senators Plymale, Snyder and Nohe, comprising the Senate committee, then proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.
     Subsequently, Senator Plymale, from the 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 Plymale then reported this mission accomplished.
     On motion of Senator Unger, the third extraordinary session of the Senate in the year two thousand eleven adjourned sine die.
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