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HOUSE: | Bills Introduced | Abstract | Topical Index | Calendar | Journal | Menu |

House Journal


Day 01 (07-15-2010)
Day 02 (07-16-2010)
Day 03 (07-17-2010)
Day 04 (07-18-2010)
Day 05 (07-19-2010)
Day 06 (07-20-2010)
hdj2010-07-19-05


__________*__________




Monday, July 19, 2010

FIFTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]

                              

     The House of Delegates met at 12:00 meridian., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Sunday, July 18, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 211, Allowing more counties to apply to participate in the military and overseas voting pilot program for the 2010 general election,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 211) was referred to the Committee on Finance.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 212, Removing the sunset provision regarding family court appeals,
     And reports the same back with the recommendation that it do pass.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 212) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 204, Creating a compulsory comprehensive health screening for public school students,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 204 - "A Bill to amend and reenact §18-5-17 of the Code of West Virginia, 1931, as amended, relating to recommending alternative health screenings for students entering public school for the first time in this state and health screenings students entering third grade, sixth grade and ninth grade; defining terms; setting forth certain requirements and prohibitions for county boards of education; prohibiting certain county board actions for failure to comply; requiring promulgation of legislative rules; requiring state board analysis of current infrastructure in place to implement requirements; requiring state board plan for implementing requirements; and requiring reports,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for H. B. 204) to the Committee on was abrogated.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 204) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 208, Relating to the evaluation of professional personnel in the public schools.
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 208 - "A Bill to amend and reenact §18A-2-12 and §18A-2-12a of the Code of West Virginia, 1931, as amended, all relating to the evaluation of professional personnel in the public schools; specifying certain professional personnel who must be evaluated; requiring evaluations to be at least annual; providing certain processes for evaluations and applicable dates; requiring state board to revise professional personnel evaluations; requiring state board establishment of task force; requiring state board study of duties and responsibilities of certain professional employees and time required; requiring use and reporting of study; establishing task force reporting and recommendations; requiring state board report to Legislative Oversight Commission on Education Accountability; establishing dates certain for submission of proposed rule and adopted rule; requiring certain rule provisions; requiring provision of written evaluation results; establishing effective date of rule; and modifying related provisions to comport with amended provisions,"
     With the recommendation that the committee substitute do pass.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 208) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     S. B. 2003, Relating to investments by Marshall and WVU,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (S. B. 2003) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 210, Providing uniformity in alternative schools and requiring a pilot program that will allow alternative schools in elementary and middle schools,
     And reports the same back with the recommendation that it do pass.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 210) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates White, Campbell, Kominar, Perdue, Spencer, Guthrie, Eldridge, Klempa, Mahan, Phillips, Doyle, Iaquinta, Marshall, Border, Evans, Walters and Ashley:

     
H. B. 213 - "A Bill supplementing and amending chapter 8, acts of the Legislature, regular session, 2010, known as the budget bill, all supplementing and amending the appropriation for the fiscal year ending June 30, 2011."
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 213) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2004 - "A Bill to amend and reenact §18-5-17 of the Code of West Virginia, 1931, as amended, relating to replacing certain current screening requirements with compulsory comprehensive health screening for students entering public school for the first time in this state and students entering third grade, sixth grade and ninth grade; defining terms; setting forth certain requirements and prohibitions for county boards of education; prohibiting certain county board actions for failure to comply; requiring promulgation of legislative rules; requiring state board analysis of current infrastructure in place to implement requirements; requiring state board plan for implementing requirements; and requiring."
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 2004) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     S. B. 2006 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-38; and to amend said code by adding thereto a new article, designated §18-5C-1, §18-5C-2 and §18-5C-3, all relating to school teams and school committees; making legislative findings; requiring state board study; establishing purposes; requiring school application to create or augment collaborative teams by replacing certain school committees; providing that certain committees may not be reorganized; establishing certain authority not superceded; establishing contents of application; establishing local level approval process; requiring state board approval; providing state board authority to waive certain state board rules; authorizing school to institute plan; and requiring state board legislative rules by certain."
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 2006) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
    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. 2008 -
"A Bill to amend and reenact §18A-2-12 and §18A-2-12a of the Code of West Virginia, 1931, as amended, all relating to the evaluation of professional personnel in the public schools; specifying certain professional personnel who must be evaluated; requiring evaluations to be at least annual; providing certain processes for evaluations and applicable dates; requiring state board to revise professional personnel evaluations; requiring state board establishment of task force; requiring state board study of duties and responsibilities of certain professional employees and time required; requiring use and reporting of study; establishing task force reporting and recommendations; requiring state board report to Legislative Oversight Commission on Education Accountability; establishing dates certain for submission of proposed rule and adopted rule; establishing effective date of rule; and modifying related provisions to comport with amended."
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 2008) to a committee was dispensed with, and was taken up for immediate consideration, read a first time and ordered to second reading.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
     S. B. 2009 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-3-12; and to amend said code by adding thereto a new section, designated §18A-4-2c, all relating to pilot programs to increase academic achievement; requiring the state superintendent to establish a special community development school pilot program for implementation in a public school with significant enrollments of disadvantaged, minority and underachieving students for the purpose of developing and implementing strategies that could be replicated; requiring the state board to promulgate a rule that establishes special two-year pilot programs for additional monetary payments for teachers, principals and assistant principals based on certain circumstances; setting forth minimum requirements for the rule; setting forth certain reporting requirements; defining terms; and establishing funding"; which was referred to the Committee on Education then Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
     S. B. 2010 -
"A Bill to amend and reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating to establishing pilot projects for alternative schools or other placements at elementary and middle school levels; requiring uniform definitions and standards for disruptive."
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 2110) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Resolutions Introduced

     The following resolution, was read by the Clerk as follows:

HOUSE RESOLUTION NO. 201

(By Delegates Crosier, Campbell, Mr. Speaker (Mr. Thompson), Armstead, Ashley, Boggs, Border, Brown, Butcher, Canterbury, Carmichael, Craig, Doyle, Eldridge, Ennis, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Iaquinta, Kominar, Mahan, Marshall, Miley, Morgan, Overington, Paxton, Poore, Rodighiero,
Schoen, Smith, Staggers, Sumner, Susman, Swartzmiller, Talbott, Walker, D., Walker, T., Walters, Wells, White, Williams and Wooton)
_____________________________________________

     "Honoring W. Marion Shiflet, of the County of Monroe, and Publicly Proclaiming Him as an Honored Son of the House."
     Whereas, William Marion Shiflet, of Union, Monroe County, was first elected to the West Virginia House of Delegates in November, 1964 and took the oath of office on the second Wednesday of January, 1965; and
     Whereas, In January, 1966, in the second year of his first term, Marion was appointed Vice Chairman of the Agriculture Committee, by the Speaker of the House, Laban White; and
     Whereas, William Marion Shiflet ran for re-election to the House in 1966 and was re- elected in the November general election of that year. Upon returning to Charleston for the beginning of the 58th Legislature, Marion was appointed to serve on the powerful Finance Committee under Chairman Ivor Boiarsky. Marion also served on the Committees on Agriculture and Natural Resources and Constitutional Revision; and
     Whereas, Marion was re-elected to the House of Delegates in 1968 and came back to Charleston for the beginning of the 59th Legislature in January, 1969. At that time he was appointed to the position of Majority Leader of the House of Delegates by newly-elected Speaker Ivor Boiarsky and served in the position for two years, 1969 and 1970. Marion lost the 1970 election and sat out the next two years. He always said that he lost that election due to illness - the voters got sick of him; and
     Whereas, Marion returned to the 61st Legislature in January, 1973, after winning re-election in the 1972 general election. He was again appointed to the powerful Finance Committee as Vice Chairman under Chairman Billy Burke by Speaker Lewis McManus. But, in the second year of the 61st Legislature, an uprising in the House of Delegates caused the ouster of Chairman Burke, along with several members of the Finance Committee, Marion included. He continued to serve on the Agriculture and Natural Resources Committee, as well as the Banking and Insurance Committee; and
     Whereas, Marion was re-elected to the House of Delegates and returned to Charleston for the beginning of the 62nd Legislature where Speaker Lewis McManus appointed him Majority Leader once again. He served in that position in 1975 and 1976; and
     Whereas, When Speaker McManus did not seek re-election to the House, Shiflet was appointed to the Southern Legislative Conference in his stead. He served in that position from 1976 until 1986 when he was elected Chairman, and served in that position through 1987. During his tenure on the Southern Legislative Conference, he represented Speakers Kopp, See, Albright and Chambers; and
     Whereas, Re-elected in 1976, Marion returned to the House of Delegates and was appointed Majority Whip by the newly-elected Speaker of the House, Don Kopp and served in that capacity during the 63rd Legislature; and
     Whereas, Marion was again elected to the House in 1978 and returning in January, 1979, newly-elected Speaker Clyde See once more appointed him to the position of Majority Whip for the 64th Legislature; and
     Whereas, After winning yet another election in 1980, Marion returned to the House for the 65th Legislature in January, 1981 and was once again apointed to the position of Majority Leader by Speaker See; and
     Whereas, Re-elected to the House in 1984, Marion was asked to serve as Speaker Pro Tempore by newly-elected Speaker Joseph Albright; and
     Whereas, In 1987, Delegate Chuck Chambers was elected Speaker of the House at the beginning of the 68th Legislature and asked Marion to continue to serve as Speaker Pro Tempore, retaining that title through the election of 1988; and
     Whereas, Marion retired at the end of the 68th Legislature, in December, 1988, ending a long and honorable career in the House of Delegates after serving in many different positions of leadership since his first year in office; therefore, be it
     Resolved by the House of Delegates:
     
That this House of Delegates hereby publicly notes the long, involved and colorful legislative career of W. Marion Shiflet; that we hereby note his many accomplishments for the people of Monroe County and for the betterment of the State; that we publicly note his recent malady and earnestly desire his full recovery; and that this House of Delegates, in one united voice, hereby honors and thanks W. Marion Shiflet for his dedication to public service and for his many years among us, and further conveys its collective best wishes for restored health and for many more years to come; and, be it
     Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this Resolution in order that the same may be personally presented to W. Marion Shiflet following its adoption.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 201) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Delegate Hunt announced that he was absent when the vote was taken on Roll No.490, and that had he been present, he would have voted "Nay" thereon. He further announced that he was absent when the votes were taken on Roll Nos. 491 through 494, and that had be been present, he would have vote "Yea" thereon.
     At 12:20 p .m., on motion of Delegate Boggs, the House of Delegates recessed until 4:00 p.m., subject to the call of the Chair.
* * * * * * *

Afternoon Session

* * * * * * *

     Following the recess, the House met again at 4:00 p.m., and was called to order by the Speaker.
     Whereupon, at 4:01 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 211, Allowing more counties to apply to participate in the military and overseas voting pilot program for the 2010 general election,
     And reports the same back with the recommendation that it do pass.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 211) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     S. B. 2009, Relating to pilot programs to increase academic achievement,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (S. B. 2009) to the Committee on Finance was abrogated.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (S. B. 2009) was taken up for immediate consideration, read a first time and ordered to second reading.
House Calendar

Third Reading

     Com. Sub. for S. B. 2001, Filling of vacancies in office of U. S. Senator; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Boggs, laid over.
First Reading

     H. B. 206, Encouraging teacher collaboration through the establishment of alternative school-level decision-making bodies; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Messages from the Executive

     The Speaker laid before the House of Delegates an additional proclamation from His Excellency, the Governor, issued on the 19th day of July, which was read by the Clerk as follows:
A P R O C L A M A T I O N

By the Governor

     I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority conferred upon me by Section 7, Article VII of the Constitution of West Virginia, do hereby state and proclaim that the Legislature, in the Extraordinary Session commencing the fifteenth day of July, two thousand ten, in its chambers in the State Capitol, City of Charleston, consider, in addition to the items of business stated and proclaimed in my two proclamations of the fifteenth day of July, two thousand ten, and my proclamation of the seventeenth day of July, two thousand ten, the following additional items of business:
     FIFTEENTH:     A supplemental appropriation bill to fund 0131, fiscal year 2011, organization 1400, of the Department of Agriculture account; to fund 0150, fiscal year 2011, organization 1500, of the Attorney General account; to fund 0230, fiscal year 2011, organization 0211, to the Division of General Services account; to fund 0220, fiscal year 2011, organization 0219, of the West Virginia Public Employees Grievance Board account; to fund 0606, fiscal year 2011, organization 0327, of the Department of Commerce - Office of the Secretary account; to fund 0256, fiscal year 2011, organization 0307, of the West Virginia Development Office account; to fund 0277, fiscal year 2011, organization 0314, of the Division of Miners' Health, Safety and Training account.
     SIXTEENTH:     A supplemental appropriation bill to fund 8742, fiscal year 2011, organization 0100, of the Governor's Office account; to fund 8841, fiscal year 2011, organization 0431, of the Department of Education and the Arts - Office of the Secretary account; to fund 8708, fiscal year 2011, organization 0313, of the Division of Environmental Protection account; to fund 8790, fiscal year 2011, organization 0704, of the Insurance Commissioner account.
     SEVENTEENTH:   A supplemental appropriation bill to fund 0313, fiscal year 2011, organization 0402, of the State Department of Education 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 nineteenth day of July, in the year of our Lord, Two Thousand Ten, and in the One Hundred Forty-Eighth year of the State.
                                   JOE MANCHIN, III,
                                    Governor.
By the Governor:
Natalie E. Tennant
Secretary of State
     At 5:10 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:45 p.m., subject to the call of the Chair.
     Following the recess, the House met again at 6:15 p.m., and was called to order by the Speaker.
Conference Committee Report Availability

     At 6:18 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 201.
     At 6:18 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 8:15 p.m., and reconvened at that time.
Conference Committee Report

     Delegate Miley, from the Committee of Conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for H. B. 201, United States Senatorial succession.
     Submitted the following report, which was received:
     Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 201 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
     That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause and inserting new language, and agree to the same as follows:
     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section designated as §3-10-4a, to read as follows:
ARTICLE 10. FILLING VACANCIES.
§3-10-4a. Special Senate vacancy election.
_____(a) Notwithstanding the provisions of section three of this article establishing processes for the appointment and election to fill a vacancy in the office of United States Senator, for purposes of filling the vacant seat in the office of United States Senator existing on July 1, 2010, a special election shall be held to fill the unexpired term concurrent with the general election of November 2, 2010. A special primary election shall be held to nominate party candidates for the November election.
_____(b) For the special primary election required to be held prior to the November 2, 2010 election by operation of this section upon its enactment during the second extraordinary session of the Legislature, 2010, the Governor shall immediately issue a proclamation calling for a special primary election and general election. The special general election shall be held on November 2, 2010. The following provisions apply to these special elections:
_____(1) The proclamation for the special election shall be published prior to the special election as a Class II-0 legal advertisement in accordance with article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. The notice shall be filed with the Secretary of State who shall immediately transmit the document to the clerk of the county commission of each county. The clerk of the county commission of each county shall cause the document to be published within the county in accordance with this section.
_____(2) The provisions of this chapter shall apply to this special primary election to the extent that those provisions are consistent with the provisions of this section. Statutory time deadlines relating to availability of absentee ballots, certification, canvassing and related election procedures that cannot be met in a timely fashion, for the purpose of this special election, are modified as follows:
_____(A) The special primary election is to be held August 28, 2010;
_____(B) A notarized declaration of candidacy and filing fee shall be filed and received in hand by the Secretary of State by 5:00 p.m. on the fourth calendar day following the proclamation of the special primary election. The declaration of candidacy may be filed in person, by United States mail, electronic means or any other means authorized by the Secretary of State;
_____(C) Early-in-person voting shall be conducted during regular business hours beginning on Friday, August 20, 2010 and continuing through close of business Wednesday, August 25, 2010. In addition, early-in-person voting shall be conducted from 9:00 a.m. to 5:00 p.m. on Saturday, August 21, 2010. No satellite polling locations will be utilized for the August 28, 2010 special primary election;
_____(D) The Secretary of State may issue emergency administrative orders to undertake other ministerial actions that are otherwise authorized pursuant to this code when necessary to assure the preservation of the voting rights of the citizens of this state and avoid fraudulent voting and election activities and otherwise assure the orderly and efficient conduct of the election:
Provided, That such emergency administrative orders may not contravene the provisions of this section;
_____(E) The compensation of election officers, cost of printing ballots and all other reasonable and necessary expenses in holding and making the return of the special election to fill a vacancy in the office of United States Senator are obligations of the state incurred by the ballot commissioners, clerks of the circuit courts, clerks of the county commissions and county commissions of the various counties as agents of the state. All expenses of the special election are to be audited by the Secretary of State. The Secretary of State shall prepare and transmit to the county commissions forms on which the county commissions shall certify all expenses of these special elections to the Secretary of State. If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the State Treasurer and shall mail the warrants directly to the vendors of the special election services, supplies and facilities;
_____(F) For petition in lieu of payment of filing fees, a candidate seeking nomination for the vacant seat in the U.S. Senate may utilize the process set forth in section eight-a, article five of this chapter:
Provided, That the minimum number of signatures required is one thousand seven hundred and forty;
_____(G) Drawing for ballot position will take place at the Secretary of State's office 24 hours after the end of the filing period. For each major political party on the ballot, a single drawing by lot shall determine the candidate ballot position for ballots statewide. This drawing shall be witnessed by four clerks of the county commission chosen by the West Virginia Association of County Clerks, with no more than two clerks representing a single political party;
_____(H) The clerks of the county commission shall submit the list of persons who worked in the May 11, 2010 primary election to the county commission for appointment as election officials;
_____(I) Election officials shall be appointed by Tuesday, August 3, 2010;
_____(J) The clerks of the county commission shall provide notice to all election officials of the fact of their appointment by Wednesday, August 4, 2010. Included with the notice shall be a response notice form for the appointed person to return indicating if he or she agrees to serve in the specified capacity in the August 28, 2010 special primary election;
_____(K) The position of any election official notified of appointment who fails to return the response notice or otherwise confirm to the clerk of the county commission his or her agreement to serve by Tuesday, August 10, 2010 is considered vacant and the clerk of the county commission shall proceed to fill the vacancies;
_____(L) Election officials shall be trained by Thursday, August 19, 2010:
Provided, That election officials who attended training for the May 11, 2010 primary election are exempt from additional training for the August 28, 2010 special primary election;
_____(M) A registered voter who has not reached eighteen years of age may vote in the August 28, 2010 special primary election:
Provided, That the voter will attain eighteen years of age at the time of the special general election;
_____(N) When paper or optical scan ballots are the primary voting method used at any county, the total number of regular official ballots printed shall equal at a minimum fifty percent of the number of registered voters eligible to vote that ballot;
_____(O) When paper ballots are used in conjunction with a direct recording electronic voting system, the total number of regular official ballots printed shall equal at a minimum thirty percent of the registered voters eligible to vote that ballot;
_____(P) For counties in which two or more qualified newspapers publish a daily newspaper, the clerk of the county commission shall publish at least once each sample official August 28, 2010 primary ballot, on the last day on which a newspaper is published immediately preceding the August 28, 2010 special primary election, as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of West Virginia Code;
_____(Q) For counties having no more than one daily newspaper or having one or more qualified newspapers which publish weekly, the clerk of the county commission shall publish each sample official August 28, 2010 primary ballot, on the last day in which a newspaper is published immediately preceding the August 28, 2010 special primary election, as a Class I-0 legal advertisement in the qualified daily newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of West Virginia Code;
_____(R) Counties shall not be required to separately publish a certified list of candidates;
_____(S) If only one notice of a sample ballot is published, it shall include a statement notifying voters that this is the sole publication of the sample ballot;
_____(T) Before voting machines are used, the clerks of the county commission shall have the ballots, vote recording devices, and electronic poll books inspected, and automatic tabulating equipment tested to ascertain that it will accurately count the votes cast. A single notice of the place and time of the inspection and testing shall be published, no less than three days in advance, as a class I-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of West Virginia Code. The publication area is the county involved;
_____(U) Applications for absentee ballots shall be accepted from the date of proclamation, other than from voters eligible to vote under the provisions of the Uniformed and Overseas Citizens Absentee Voting Act who may apply for an absentee ballot for all elections within a calendar year as early as the first day of January of an election year;
_____(V) Regularly scheduled locations of polling places shall not be changed, except for emergency situations as provided for in §3-1-7(e) and (f):
Provided, That if multiple precincts voted in one polling location for the May 11, 2010 regularly scheduled primary election, such precincts may be consolidated into a single precinct. Locations for consolidated precincts shall provide internet access, insofar as possible, for the sole purpose of utilizing the Statewide Voter Registration System (SVRS) as an electronic poll book; and
_____(W) Persons having no party affiliation may nominate candidates for the U.S. Senate vacancy under the procedures set forth in sections twenty-three and twenty-four, article five of this chapter:
Provided, That the number of signatures required to be submitted shall be equal to not less than one-quarter of one percent of the entire vote cast at the last preceding general election for any statewide congressional or presidential candidate. Notwithstanding the provisions of sections twenty-three and twenty- four of article three of this section, the signatures, notarized declaration of candidacy, and filing fee must be submitted no later than August 23, 2010._
_____(c) The Secretary of State, shall by January 10, 2011, report to the Joint Committee of Government and Finance findings regarding of the operation of the special elections undertaken pursuant to subsection (b) of this section. This report shall provide analysis of: direct and indirect costs to the state associated with the conduct of the election; benefits and disadvantages of conducting an election on a Saturday; the impact of compressed time periods on efficient election administration; and whether this election process impacted early voting and participation by military and overseas voters.
_____
(d) Any special election, which is held under the provisions of this section and occurs concurrently with a general election, shall be a separate election from the general election.
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(e) Upon the election and qualification of a United States Senator by the United States Senator following the November 2, 2010 election, the provisions of this section will expire.
     And,
     That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:
     Com. Sub. for H. B. 201 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §3-10-4a, relating to filling a vacancy in the office of United States Senator; providing for an election to fill the unexpired term; requiring the election to occur in conjunction with the 2010 general election; providing for a special primary election to nominate party candidates for the 2010 general election; authorizing the Governor to appoint a person to serve as United States Senator until a successor is elected and qualified; providing that the provisions of the law relating to elections shall apply to the special primary election unless inconsistent with section; modifying certain statutory time periods; directing special primary election to be held on August 28, 2010; modifying certain statutory time lines relating to declaration of candidacy and early voting for special elections; modifying procedures relating to payment of filing fees, drawing of ballot positions, selecting and training individuals working as election official; clarifying the eligibility of certain minors to vote in special primary election; modifying statutory provisions relating to minimum number of ballots to be printed; modifying publications requirements of sample ballots, lists of candidates, and public testing of voting machines; providing applications deadlines for absentee ballots and procedures for changing polling places; modifying procedures for persons without party affiliations to nominate candidates for the special general election; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines necessary to preserve voting rights, avoid fraudulent voting and other election irregularities and assure orderly and efficient administration of the special primary election; requiring the state to pay costs incurred in connection with a special election to fill a vacancy in the office of United States Senator; requiring Secretary of State to report to joint committee on government and finance and establishing guidelines for the report; providing for the expiration of the section; and clarifying that the special general election held on November 2, 2010, for the United States Senate vacancy is a separate election from the general election held on the same date."
                                   Respectfully submitted,
                     Tim Miley,           Michael A. Oliverio,
                       Linda Longstreth,    Herb Snyder,
                       Patrick Lane,        Clark S. Barnes,
                       Conferees on the part        Conferees on the part
                       
of the House of Delegates.         of the Senate.
                       On motion of Delegate Miley, the report of the Committee of Conference was adopted.
                       The bill, as amended by said report, was then put upon its passage.
                       On the passage of the bill, the yeas and nays were taken (Roll No. 496), and there were--yeas 83, nays 7, absent and not voting 10, with the nays and absent and not voting being as follows:
                       Nays: Barker, Brown, Fleischauer, Louisos, McGeehan, Moore and Perdue.
                       Absent and Not Voting: Argento, Campbell, Cann, Caputo, Crosier, Hutchins, Schadler, Shook, Varner and Wooton.
                      So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 201) passed.
                       Delegate Boggs moved that the bill take effect from its passage.
                       On this question, the yeas and nays were taken (Roll No. 497), and there were--yeas 85, nays 5, absent and not voting 10, with the nays and absent and not voting being as follows:
                       Nays: Barker, Louisos, McGeehan, Porter and Talbott.
                       Absent and Not Voting: Argento, Campbell, Cann, Caputo, Crosier, Hutchins, Schadler, Shook, Varner and Wooton.
                       So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 201) takes effect from its passage.
                       Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
                       At 8:55 p.m., on motion of Delegate Boggs, the House of Delegates recessed for a brief time, subject to the call of the Chair.
Messages from the Senate          

                       A message from the Senate, by
                       The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on and the passage, as amended by said report, of
                       Com. Sub. for H. B. 201, United States Senatorial succession.
Leaves of Absence

                     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Campbell, Cann, Caputo, Crosier, Hutchins, Schadler, Shook, Varner and Wooton.
                       At 8:58 p.m., the House of Delegates adjourned until 4:00 p.m., Tuesday, July 20, 2010.

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