Wednesday, August 3, 2011
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 2:00 p.m., and was called to order by the Honorable Richard
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, August 2, 2011, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Chairman White, from the Committee on Finance, submitted the following report, which was
Your Committee on Finance has had under consideration:
H. B. 102, Clarifying the requirement for deposit and transfer of proceeds from the sale of
And reports the same back, with a title amendment, with the recommendation that it do pass,
At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 102)
was taken up for immediate consideration, read a first time and ordered to second reading.
Messages from the Executive
The Speaker then laid before the House of Delegates an amended Proclamation of His
Excellency, the Governor, which was read by the Clerk as follows:
State of West Virginia
I, EARL RAY TOMBLIN, by virtue of the authority vested in the Governor by Section 7,
Article VII of the Constitution of West Virginia, do hereby AMEND my Proclamation dated the
twenty-ninth day of July, Two Thousand Eleven, calling the Legislature of West Virginia to convene
in Extraordinary Session at twelve o'clock noon, on the first day of August, Two Thousand Eleven,
in its chambers in the State Capitol, City of Charleston, by amending the third item thereof and by
including therein a tenth item, all to read as follows:
THIRD: Legislation increasing the maximum aggregate amount to be deposited into the
"Revenue Shortfall Reserve Fund", as provided in subsection (b), section twenty, article two, chapter
eleven-b of the Code of West Virginia, from ten percent of total appropriations from the State Fund,
General Revenue, to a percentage not to exceed fifteen percent of total appropriations from the State
Fund, General Revenue, for fiscal years ending on and after June 30, 2011; reducing the rate of consumers sales and service tax and use tax on the sale, purchase and use of food and food
ingredients intended for human consumption by an amount not to exceed one-half of one percent of
the "sales price", as defined in section two, article fifteen-b, chapter eleven of the Code of West
Virginia, beginning January 1, 2012; further reducing the rate of consumers sales and service tax and
use tax on the sale, purchase and use of food and food ingredients intended for human consumption
by an amount not to exceed one-half of one percent of the "sales price", as defined in section two,
article fifteen-b, chapter eleven of the Code of West Virginia, beginning January 1, 2013, contingent
on certain balances in the Revenue Shortfall Reserve Fund; eliminating the consumers sales and
service tax and use tax on the sale, purchase and use of food and food ingredients intended for
human consumption beginning January 1, 2014, contingent on certain balances in the Revenue
Shortfall Reserve Fund; and specifying certain internal effective dates.
TENTH: A supplemental appropriation bill to fund 0155, fiscal year 2012, organization
1600, of the Secretary of State account.
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 the third day of August, in the
year of our Lord, Two Thousand Eleven, and in the
One Hundred Forty-Ninth year of the State.
EARL RAY TOMBLIN,
By the Governor:
Natalie E. Tennant
Secretary of State
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 1006 - "A Bill to amend and reenact §1-2-1 and §1-2-2b of the Code of West Virginia,
1931, as amended, all relating to dividing and altering the state into senatorial districts; defining
terms; setting forth legislative findings; providing for senatorial districts; and requiring incidental
precinct boundary changes."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
bill (S. B. 1006) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegates T. Campbell, Crosier and Canterbury presented a petition on behalf of the Monroe
County Commission, expressing strong opposition to the redistricting plan which splits Monroe
County into three House Districts, as approved by the House Redistricting Committee, and urging
a negative vote thereon; which was referred to the Select Committee on Redistricting.
The Clerk read a written motion, heretofore submitted to him by Delegates Carmichael, Lane
and Armstead, as follows:
"Mr. Speaker, we move, pursuant to House Rule 88, that the Minority Report as to H. B. 106, Reapportioning the House of Delegates districts, be substituted for and become the report of the
Select Committee on Redistricting.
[Clerk's Note: For complete text of Minority Report, see Journal of the House of
Delegates, Tuesday, August 2, 2011, pp. 11-12.]
Delegate Armstead made opening remarks on the pending motion to adopt the Minority
During consideration of the motion, numerous members spoke for and against the adoption
of the motion, and at the conclusion of debate, Delegate Armstead was again recognized to present
his closing argument.
The Speaker propounded, "Will the Minority Report be substituted for and become the report
of the Select Committee on Redistricting?"
On this question Delegate Armstead demanded the yeas and nays, which demand was
The yeas and nays having been ordered, they were taken (Roll No. 510), and there were--yeas
36, nays 61, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Hamilton, Householder, Howell, Ireland, Kump,
Lane, Michael, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla,
Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: Craig, Ferns and Stephens.
So, a majority of the members present and voting not having voted in the affirmative, the motion to substitute the Minority Report for the report of the Select Committee on Redistricting did
On motions for leave, the following bill was introduced, read by its title, and referred as
H. B. 107 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State
Fund, General Revenue, to the Secretary of State, fund 0155, fiscal year 2012, organization 1600,
by supplementing and amending the appropriations for the fiscal year ending June 30, 2012"; to the
Committee on Finance.
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 104, Making a supplementary appropriation of public moneys to various accounts;
H. B. 105, Supplementing, amending and increasing appropriations to the Department of
H. B. 106, Reapportioning the House of Delegates districts.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Craig, Ferns and Stephens.
At 2:44 p.m., the House of Delegates adjourned until 12:00 Noon, Thursday, August 4, 2011.