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House Journal


Day 01 (08-01-2011)
Day 02 (08-02-2011)
Day 03 (08-03-2011)
hdj2011-08-01-01


__________*__________




Monday, August 1, 2011

FIRST DAY

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

                              

     Pursuant to the Proclamation of His Excellency, the Governor, issued on the twenty-ninth day of July, 2011, and hereinafter set forth, convening the Legislature in Extraordinary Session on the first day of August, 2011, the House of Delegates assembled in its Chamber in the Capitol Building in the City of Charleston, and at twelve o'clock 12:00 meridian, was called to order by the Speaker, the Honorable Richard Thompson.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Speaker called attention to the untimely deaths of former Delegate Dale Martin and Delegate Larry Border.
     The Members arose and stood in silent memory of the deceased.
     The Speaker then announced that Delegate Helen Martin and Delegate Anna Border had been appointed to fill the aforementioned vacancies, and that each of them had previously taken and subscribed to the oath of office mandated by the Constitution. (Applause, the Members again rising)
Messages from the Executive

and other Communications

     The Speaker laid before the House of Delegates various communications, which were read by the Clerk as follows:
STATE OF WEST VIRGINIA

Earl Ray Tomblin

Governor

May 17, 2011

The Honorable Natalie Tennant
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Tennant:
     Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Helen Martin, Post Office Box 513, Poca, West Virginia 25159, as a Delegate representing the Thirteenth District of the House of Delegates, to fill the vacancy created by the death of The Honorable Dale Martin from this day through the remainder of the unexpired term of Delegate Martin.
                                        Sincerely,
                                        Earl Ray Tomblin
                                        Governor
STATE OF WEST VIRGINIA

Earl Ray Tomblin

Governor

June 21, 2011

The Honorable Natalie Tennant
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Tennant:
     Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Anna Border, 39 Highland Meadows Drive, Davisville, Wood County, West Virginia 26142, as a Delegate representing the Ninth District of the House of Delegates, to fill the vacancy created by the death of The Honorable Larry Border from this day through the remainder of the unexpired term of Delegate Border.
                                        Sincerely,
                                        Earl Ray Tomblin
                                        Governor
     The roll being called (Roll No. 508), and 99 members having answered to their names, the Speaker declared the presence of a quorum.
     The Speaker laid before House the Proclamation of His Excellency, the Governor, convening the Legislature in extraordinary session, 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, 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 call 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, for the sole purpose of considering and acting upon the following matters:
     FIRST: Legislation relating to and implementing the decennial redistricting of the House of Delegates and the State Senate of the Legislative Department.
     SECOND: Legislation relating to and implementing the decennial apportionment of representatives to the United States House of Representatives.
     THIRD: Legislation 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.   
     FOURTH: Legislation dedicating up to five percent of the tax attributable to the severance of coal pursuant to section three, article thirteen-a, chapter eleven of the Code of West Virginia to coal producing counties; providing that in no fiscal year shall the aggregate amount of said tax dedicated to coal producing counties exceed $20 million; and providing for the distribution of such dedicated amounts to coal producing counties.
     FIFTH: Legislation clarifying the requirement for deposit and transfer of proceeds from the sale, lease, conveyance or exchange of real property by the West Virginia Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education and the institutional governing boards.
     SIXTH: A supplemental appropriation bill to fund 0131, fiscal year 2012, organization 1400, of the Department of Agriculture account; to fund 0313, fiscal year 2012, organization 0402, of the Department of Education-State Department of Education account; to fund 0294, fiscal year 2012, organization 0431, of the Department of Education and the Arts - Office of the Secretary account; to fund 0273, fiscal year 2012, organization 0313, of the Department of Environmental Protection-Division of Environmental Protection account; to fund 0407, fiscal year 2012, organization 0506, of the Department of Health and Human Resources - Division of Health - Central Office account; to fund 0525, fiscal year 2012, organization 0506, of the Department of Health and Human Resources - Consolidated Medical Service Fund account; to fund 0403, fiscal year 2012, organization 0511, of the Department of Health and Human Resources - Division of Human Services account; and to fund 0453, fiscal year 2012, organization 0612, of the Department of Military Affairs and Public Safety - West Virginia State Police account.
    SEVENTH: A supplemental appropriation bill to fund 9017, fiscal year 2012, organization 0803, of the Department of Transportation - Division of Highways account.
    EIGHTH: Certain ceremonial and memorial resolutions.
     NINTH: Legislation authorizing and appropriating the expenditure of public moneys to pay the expenses of this Extraordinary 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 the twenty-ninth day of July, in the year of our Lord, Two Thousand Eleven, and in the One Hundred Forty-Ninth year of the State.
                                   EARL RAY TOMBLIN
                               Governor
By the Governor:
Natalie E. Tennant
Secretary of State
     On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation by which it had been called together.
     Whereupon,
     The Speaker appointed as members of such committee:
     Delegates Hall, Craig and Martin.
     On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation.
     Whereupon,
     The Speaker appointed as members of such committee:
     Delegates Staggers, Walker and Border.
     Delegate Hall, from the Committee to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to proceed to the business of the session, announced that the committee had discharged its duty.
     Delegate Staggers, from the Committee to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session, announced the performance of that duty.
Messages from the Senate

     A message from the Senate, by
     Senators Laird, Klempa and Nohe, announced that the Senate had convened in extraordinary session, pursuant to the Proclamation of the Governor, with a quorum present, and was ready to enter upon the business for which the Legislature had been called together.
Petitions

     Delegates Caputo, Manchin and Longstreth presented a petition on behalf of their constituents requesting that the Department of Highways pave certain portions of Secondary Route 33; which was referred to the Committee on Roads and Transportation.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 101 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to reducing the consumers sales and service tax on sales, purchases and uses of food and food ingredients intended for human consumption on a date certain"; to the Committee on Finance.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 102 - "A Bill to amend and reenact §18B-19-10 of the Code of West Virginia, 1931, as amended, relating to clarifying the requirement for deposit and transfer of proceeds from the sale, lease, exchange or conveyance of real property"; to the Committee on Finance.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 103 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-6a, relating to reallocating and dedicating five percent of coal severance tax revenues up to $20 million to the coal-producing counties of origin to be phased in over a five-year period after accounting for the revenues dedicated to other funds; establishing state and local coal county reallocated severance tax funds and providing for distribution of the moneys to the county commissions by the State Treasurer; establishing amounts each coal- producing county to receive; requiring the creation of local funds into which moneys to be deposited; requiring moneys be expended solely for economic development projects and infrastructure projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; authorizing legislative and emergency rules; and establishing administrative fees"; to the Committee on Finance.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate J. Miller.
     At 12:14 p.m., the House of Delegates adjourned until 3:00 p.m., Tuesday, August 2, 2011.

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