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

House Journal


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


__________*__________




Wednesday, August 3, 2011

THIRD DAY

[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 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 Tuesday, August 2, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 102, Clarifying the requirement for deposit and transfer of proceeds from the sale of real property,
     And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
     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

EXECUTIVE DEPARTMENT

Charleston

A Proclamation

     
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,
                               Governor
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.
Petitions

     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.
Motions

     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 Report.
     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.
     Following which,
     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 sustained.
     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 not prevail.
Bills Introduced

     On motions for leave, the following bill was introduced, read by its title, and referred as follows:
     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.
House Calendar

First Reading

     
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 Transportation,
     And,
     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.

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