sdj-63rd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
EXTENDED SESSION, 2011
SIXTY-THIRD DAY
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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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