sdj-3rd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2009
THIRD DAY
____________
Charleston, W. Va., Wednesday, June 17, 2009
The Senate met at 12 o'clock Noon.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Jeffrey V. Kessler, a
senator from the second district.
Pending the reading of the Journal of Tuesday, June 16, 2009,
On motion of Senator Chafin, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the fourth order of business.
Senator Stollings, from the Committee on Confirmations,
submitted the following report, which was received:
Your Committee on Confirmations has had under consideration
Senate Executive Message No. 2, dated June 15, 2009,
requesting confirmation by the Senate of the nominations mentioned
therein. The following list of names from Executive Message No. 2
is submitted:
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.
And,
A letter from the President of the Senate and the Speaker of
the House of Delegates, dated June 3, 2009, requesting confirmation
by the Senate of the nomination mentioned therein. The following
name is submitted:
1. For Judge, Court of Claims, J. David Cecil, Charleston,
Kanawha County, for the term ending June 30, 2015.
And reports the same back with the recommendation that the
Senate do advise and consent to all of the nominations listed above.
Respectfully submitted,
Ron Stollings,
Chair.
__________
At the request of Senator Chafin, and by unanimous consent,
the Senate proceeded to the seventh order of business.
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, and a legislative nomination submitted by
the President of the Senate and the Speaker of the House of
Delegates, as required by Chapter 14, Article 2, Section 4 of the
Code of West Virginia, the special order thereon was called by the
President.
Thereupon, Senator Tomblin (Mr. President) laid before the
Senate the following executive message and letter from the
President of the Senate and the Speaker of the House of Delegates:
Senate Executive Message No. 2, dated June 15, 2009 (
shown in
the Senate Journal of yesterday, Tuesday, June 16, 2009, pages 3
and 4);
And,
A letter from the President of the Senate and the Speaker of
the House of Delegates, dated June 3, 2009 (
shown in the Senate Journal of yesterday, Tuesday, June 16, 2009, pages 1 and 2).
Senator Stollings 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 Board (being nomination
number 2 in Executive Message No. 2).
The question being on the adoption of the aforestated motion
by Senator Stollings,
The roll was then taken; and
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells,
White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the motion by
Senator Stollings 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 of Southern Regional Education Board (being nomination number 2 in Executive Message No.
2) had been confirmed.
Senator Stollings then moved that the Senate advise and
consent to the nomination of the Honorable Roman W. Prezioso, Jr.,
to the Board of Control of Southern Regional Education Board (being
nomination number 2 in Executive Message No. 2) be confirmed.
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: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Snyder, Stollings, Sypolt, Wells, White,
Williams, Yost and Tomblin (Mr. President)--28.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
Excused from voting: Prezioso--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the motion by
Senator Stollings had prevailed and the nomination of the Honorable
Roman W. Prezioso, Jr., to the Board of Control for Southern
Regional Education Board had been confirmed.
Senator Stollings then moved that the legislative nomination
of J. David Cecil, as Judge, Court of Claims, be confirmed.
The question being on the adoption of the aforestated motion
by Senator Stollings,
The roll was then taken; and
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Kessler, Laird, McCabe, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Wells,
White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Guills, Hall, Jenkins, Oliverio and Unger--5.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the motion by
Senator Stollings had prevailed and that the legislative nomination
referred to in the foregoing report from the Committee on
Confirmations had been confirmed.
__________
Consideration of executive and legislative nominations having
been concluded,
At the request of Senator Chafin, and by unanimous consent,
Senator Chafin addressed the Senate regarding the William M. Bulger
Excellence in State Legislative Leadership Award.
Thereafter, at the request of Senator Stollings, and by
unanimous consent, the remarks by Senator Chafin were ordered
extended in the Journal as follows:
SENATOR CHAFIN: Ladies and gentlemen, if I could have your
attention for a minute. It's an important day here. Something
came across the wire a while ago that I want to share with you.
Each year the State Legislative Leaders Foundation, along with the
National Conference of State Legislatures, presents the William M.
Bulger Excellence in State Legislative Leadership Award to a state
legislative leader.
This year's recipient has shown his leadership by preserving
and building public trust in the institution of state legislatures.
This person's career has embodied that of the highest principles of
integrity, leadership, compassion, vision and courage. This award
has been given every year since l966 when William M. Bulger, former
President of the Massachusetts State Senate, received it.
It is my high honor today to inform you all that our Senate
President and Lt. Governor, Earl Ray Tomblin, has been awarded this
prestigious honor. Please stand and congratulate him on this great
honor.
________
The Senate proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthday of the senator from Jackson and on behalf of the Senate extended
felicitations and good wishes to Senator K. Facemyer, with Senator
D. Facemire leading the members in singing "Happy Birthday".
On motion of Senator Chafin, the Senate recessed until 12:45
p.m. today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned 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. 2001, Making supplementary appropriation
of Lottery Net Profits 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. 2002,
Making supplementary appropriation
from General Revenue to Department of Administration
.
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. 2003, Making supplementary appropriation
from General Revenue 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. 2004, Supplementing, amending and
increasing items from State Road Fund to Department of
Transportation.
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. 2005, Making supplementary appropriation
from General Revenue to Department of Education and the Arts.
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. 2006, Making supplementary appropriation
from State Excess Lottery Revenue Fund to Department of Education.
Senator Chafin offered the following pre-adjournment
resolution:
Senate Resolution No. 203--Raising a committee to notify the
House of Delegates 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 the House of Delegates that the Senate has
completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:
Senators Prezioso, Stollings and K. Facemyer.
Subsequently, Senator Prezioso reported that the duties
assigned by Senate Resolution No. 203 had been performed.
Thereafter, a three-member delegation from the House of
Delegates, namely
Delegates Iaquinta, Beach and Schadler, announced that that
body also had completed its labors and was ready to adjourn sine
die.
Senator Chafin then offered the following resolution:
Senate Resolution No. 204--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to join with a similar committee of the House of Delegates to
notify His Excellency, the Governor, that the Legislature has
completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, 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
Tomblin (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate was ready to adjourn:
Senators Bowman, Edgell and Barnes.
Delegates Moore, D. Poling and Ireland, then announced that
they had been appointed by that body to join with the similar
committee named by the Senate to wait upon His Excellency and were
ready to proceed with this assignment.
Senators Bowman, Edgell and Barnes, comprising the Senate
committee, then joined the House committee and proceeded to the
executive offices to notify His Excellency, the Governor, of
imminent adjournment of this extraordinary session of the
Legislature.
Subsequently, Senator Bowman, from the joint 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 Bowman then reported this mission
accomplished.
At the request of Senator Palumbo, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted
permission, after it has examined, found truly enrolled and
presented to His Excellency, the Governor, for his action, bills
passed but not presented to him prior to adjournment of this second
extraordinary session of the seventy-ninth Legislature in the year
two thousand nine, to file its reports with the Clerk and that the
same be included in the Journal of the last day of the session; and
also, that any communications from His Excellency, the Governor, as
to his action on bills after adjournment of the session, be
included in the Journal.
In accordance with the foregoing unanimous consent agreement,
the following report of the Joint Committee on Enrolled Bills was
filed as follows:
Senator Palumbo, 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 22nd day of June, 2009, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 2001), Making supplementary appropriation of
Lottery Net Profits to various accounts.
(S. B. No. 2002), Making supplementary appropriation from General Revenue to Department of Administration.
(S. B. No. 2003), Making supplementary appropriation from
General Revenue to various accounts.
(S. B. No. 2004), Supplementing, amending and increasing items
from State Road Fund to Department of Transportation.
(S. B. No. 2005), Making supplementary appropriation from
General Revenue to Department of Education and the Arts.
And,
(S. B. No. 2006), Making supplementary appropriation from
State Excess Lottery Revenue Fund to Department of Education.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency,
the Governor, advising that on June 23, 2009, he had approved
Enr.
Senate Bill No. 2001, Enr. Senate Bill No. 2002, Enr. Senate Bill No. 200
3,
Enr. Senate Bill No. 2004, Enr. Senate Bill No. 2005 and
Enr. Senate Bill No. 2006.
On motion of Senator Chafin, the second extraordinary session
of the Senate in the year two thousand nine adjourned sine die.
________
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