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

House Journal


Day 01 (08-11-2009)
hdj2009-08-11-01


__________*__________



                                             
Tuesday, August 11, 2009

FIRST DAY

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

                              

     Pursuant to the Proclamation of His Excellency, the Governor, issued on the eleventh day of August, 2009, and hereinafter set forth, convening the Legislature in Extraordinary Session on the eleventh day of August, 2009, the House of Delegates assembled in its Chamber in the Capitol Building in the City of Charleston, and at 5:30 p.m., 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 roll being called (Roll No. 594), and 86 members having answered to their names, the Speaker declared the presence of a quorum.
Messages from the Executive

     
The Speaker laid before the House of Delegates 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, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority vested in me 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 five-thirty p.m. on the eleventh day of August, two thousand nine, 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 extended unemployment compensation benefits; temporarily adopting a "state 'on' indicator" based on the average rate of total unemployment; and adopting other amendments to qualify for additional federal moneys available for extended unemployment compensation benefits, as authorized by the American Recovery and Reinvestment Act of 2009.
     SECOND: Legislation relating to authorizing the Governor to order the payment of a one- time salary enhancement to certain full-time public employees in any fiscal year that the Legislature appropriates moneys for such purpose; specifying that a one-time salary enhancement may not be construed to increase the base salary of a public employee; specifying that the payment of a one-time salary enhancement within any fiscal year is not guaranteed; and providing for disbursement of a one-time salary enhancement in a lump-sum payment.
     THIRD: A supplemental appropriation bill appropriating $5,000,000.00 to fund 3174, fiscal year 2010, organization 0307, of the Department of Commerce West Virginia Development Office Broadband Deployment Fund account. 
     FOURTH: A supplemental appropriation bill appropriating $2,500,000.00 to fund 0420, fiscal year 2010, organization 0508, of the Bureau of Senior Services account.        
     FIFTH: A supplemental appropriation bill expiring $29,000,000.00 from fund 7203, fiscal year 2010, organization 0705, of the Lottery Commission - Video Lottery Income Fund account to the unappropriated surplus balance in General Revenue and appropriating $34,700,000.00 to fund 0595, fiscal year 2010, organization 0703, of the State Budget Office account, all for the purpose of funding a one-time salary enhancement for certain full-time public employees.
     SIXTH: A supplemental appropriation bill appropriating $169,000.00 to fund 0101, fiscal year 2010, organization 0100, of the Governor's Office account.
     SEVENTH: Legislation to authorize and appropriate 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 eleventh day of August, in the year of our Lord, Two Thousand Nine, and in the One Hundred Forty-Seventh year of the State.
                              
JOE MANCHIN III

                              
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 Stowers, Hall and Sumner.
     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 Campbell, Moore and Schadler.
     Delegate Stowers, 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 Campbell, from the Committee to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session, announced the performance of that duty.
Messages frm the Senate

A message from the Senate, by

     Senators Facemire, Williams and Facemyer, 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.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, laid before the House a communication from His Excellency, the Governor, as follows:
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV


August 10, 2009

EXECUTIVE MESSAGE NO. 1
2009 THIRD EXTRAORDINARY SESSION

The Honorable Richard Thompson
West Virginia House of Delegates
Building 1, Room M-228
Charleston, West Virginia 25305

Dear Speaker Thompson:


     The following replaces the "General Revenue Fund - Statement of Revenues, Expenditures, and Changes in Cash Balance" which I submitted to you on June 15, 2009 as part of my recommended Budget for the fiscal year ending June 30, 2010.

General Revenue Fund

Statement of Revenues, Expenditures

and Changes in Cash Balance


     Actual Cash Balance July 1, 2009
$        480,786,872

Less:
31 Day Disbursements (July 1, 2009 - July 31, 2009)     ( 26,034,028        )

     Accumulated Prior Year Reimbursements (July 1, 2009 - July 31, 2009)          4,519
     Prior Year Appropriations Forwarded
_________( 432,621,481_)

     Accumulated Surplus from FY 2009 @ July 31, 2009
$        22,135,882

Less:
Transfer one-half to Revenue Shortfall Reserve Fund (Statutory)
  ( 11,067,941  )

Plus:
Accumulated Prior Year Reimbursements (August 1, 2009 - August 10, 2009)
  72,570

Plus:
Recommended Expired from Excess Lottery Fund (2009 3rd Special Session)
  29,000,000

Less:
Recommended Surplus Supplemental Appropriations (2009 3rd Special Session)        _( 37,369,000__)

     Estimated Unappropriated Surplus Balance from FY 2009 @ June 30, 2010        
$2,771,511


Plus:
Revenue Estimate FY 2010
$        3,788,000,000

Less:
Regular Appropriations FY 2010
_________( 3,785,976,953_)

     Estimated Unappropriated Balance from FY 2010 @ June 30, 2010
  
$2,023,047

     
                                                
 

     Estimated Cash (Unappropriated) Balance @ June 30, 2010
  
$4,794,558


     Thank you for your cooperation in this matter.

                                        
     Sincerely,
                                             Joe Manchin III
                                             Governor.

          
Bills Introduced

          On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
          By Mr. Speaker, Mr. Thompson, and Delegate Armstead
          [By Request of the Executive]:
          H. B. 301
- "A Bill to amend and reenact §21A-6A-1, §21A-6A-5 and §21A-6A-6 of the Code of West Virginia, 1931, as amended, all relating to extended unemployment compensation benefits; providing for a temporary 'state "on" indicator' based on the average rate of total unemployment; providing for temporary increases in the extended benefit period and total extended benefit amount during a high unemployment period; making technical amendments throughout; and correcting nomenclature throughout."
          At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 301) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
          By Mr. Speaker, Mr. Thompson
          [By Request of the Executive]:
          H. B. 302
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7, relating to one-time salary enhancements; authorizing the Governor to order the payment of a one-time salary enhancement to certain public employees in any fiscal year that the Legislature has appropriated moneys for such purpose; providing for disbursement of the salary enhancement; and defining terms."
          At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 302) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
          By Mr. Speaker, Mr. Thompson
          [By Request of the Executive]:
          
H. B. 303 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2010, to the Department of Commerce - West Virginia Development Office - Broadband Deployment Fund, fund 3174, fiscal year 2010, organization 0307, by supplementing and amending chapter 10, Acts of the Legislature, regular session, 2009, known as the budget bill."
          At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 303) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
          By Mr. Speaker, Mr. Thompson, and Delegate Armstead
          [By Request of the Executive]:
          
H. B. 304 - "A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2010, in the amount of $29,000,000 from the Lottery Commission - Video Lottery Income Fund, fund 7203, fiscal year 2010, organization 0705, and 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 Governor's Office, fund 0101, fiscal year 2010, organization 0100, to the Department of Revenue - State Budget Office, fund 0595, fiscal year 2010, organization 0703, and to the Bureau of Senior Services, fund 0420, fiscal year 2010, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2010."
          At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 304) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
Leaves of Absence

          At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Ashley, Ellem, Hutchins, Ireland, Lane, Lawrence, Manchin, Michael, Morgan, M. Poling, Reynolds, Rodighiero, Varner and Walters.
          At 5:48 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, August 12, 2009.

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