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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2011

FIRST DAY

____________

Charleston, W. Va., Monday, August 1, 2011

     Pursuant to the proclamation of His Excellency, the Governor, the Honorable Earl Ray Tomblin, dated the twenty-ninth day of July, two thousand eleven, convening the eightieth Legislature of West Virginia in extraordinary session today (Monday, August 1, 2011), under the provisions of section seven, article seven of the Constitution of West Virginia, the Senate assembled in its chamber in the state capitol in the City of Charleston at 12 o'clock Noon, and was called to order by its Acting President, the Honorable Jeffrey V. Kessler.
     Prayer was offered by Pastor Matthew J. Watts, Grace Bible Church, Charleston, West Virginia.
     On the call of the roll, the following answered to their names:
     Senators Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Acting President).
     Thirty-two members having answered to their names, the Acting President declared the presence of a quorum.
Executive Communications

     Senator Kessler (Acting President) laid before the Senate the following proclamation from His Excellency, the Governor, convening the Legislature in extraordinary session, which was read by the Clerk:
STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

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.
     Senator Unger offered the following resolution:
     Senate Resolution No. 101--Raising a committee to inform the House of Delegates the Senate has assembled in extraordinary session.
     Resolved by the Senate:
     That a committee of three be appointed by the Acting President to inform the House of Delegates that the Senate has assembled in extraordinary session, with a quorum present, and is ready to proceed with the business for which the extraordinary session was called by His Excellency, the Governor.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Whereupon, the Acting President appointed as members of such committee the following:
     Senators Laird, Klempa and Nohe.
     Subsequently, Senator Laird, from the committee to notify the House of Delegates the Senate has assembled in extraordinary session, and is ready to proceed with the business of the session, announced that the committee had discharged its duties.
     A message from the House of Delegates, by
     Delegates Hall, Craig and Martin, announced that the House of Delegates has assembled in extraordinary session, with a quorum present, and is ready to proceed with the business stated in the proclamation convening the Legislature.
     Senator Unger then offered the following resolution:
     Senate Resolution No. 102--Raising a committee to wait upon the Governor.
     Resolved by the Senate:
     That a committee of three on the part of the Senate, to join with a similar committee on the part of the House of Delegates, be appointed by the Acting President to notify His Excellency, the Governor, that at his call the Legislature has assembled in extraordinary session, with a quorum of each house present; and is ready to receive any communication or message he may be pleased to present under section seven, article seven of the Constitution of West Virginia, which provides that no business except that stated in his proclamation be considered.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Whereupon, the Acting President appointed as members of such committee the following:
     Senators Miller, Stollings and Hall.
     A message from the House of Delegates, by
     Delegates Staggers, Walker and Border, announced that the Speaker had appointed them a committee of three to join with a similar committee on the part of the Senate to wait upon the Governor, under the provisions of Senate Resolution No. 102. Senate and House members of this select committee then proceeded to the executive offices.
     Subsequently, Senator Miller reported that the joint Senate and House committee had performed the duty assigned to it.
     The following communication was reported by the Clerk:
WEST VIRGINIA LEGISLATURE

CHARLESTON

June 29, 2011

The Honorable Darrell E. Holmes
Clerk of the Senate
State Capitol
Charleston, West Virginia

The Honorable Gregory M. Gray
Clerk of the House of Delegates
State Capitol
Charleston, West Virginia
Dear Clerk Holmes and Clerk Gray:
     We have appointed the following judges to the Court of Claims:
     George Fordham of Clarksburg, West Virginia, to the remaining two years of the unexpired term of the Legislature's Court of Claims effective July 1, 2011.
     John David Cecil of St. Albans, West Virginia, presiding judge of the Legislature's Court of Claims effective July 1, 2011.
     T. C. McCarthy of Wheeling, West Virginia, for a full six-year term on the Legislature's Court of Claims effective July 1, 2011.
                              Sincerely,
                               Jeffrey V. Kessler,
                               Acting President, Senate.
                               Richard Thompson,
                               Speaker, House of Delegates.
     Which communication was received and referred to the Committee on Confirmations.
     On motion of Senator Edgell, consideration of the nominations immediately hereinbefore reported was made a special order of business for tomorrow, Tuesday, August 1, 2011, at 11 a.m.
     The Senate proceeded to the third order of business.
Executive Communications

     Senator Kessler (Acting President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

August 1, 2011

Senate Executive Message No. 1
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I respectfully submit the following nominations for your advice and consent:
      1.  For Acting Director, Division of Protective Services, Randy Mayhew, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
      2.  For Member, Board of Directors of the West Virginia United Health System, Inc., Richard Pill, Martinsburg, Berkeley County, for the term ending October 15, 2012.
      3.  For Member, Broadband Deployment Council, Jeffrey Forbes, Vienna, Wood County, for the term ending December 31, 2011.
      4.  For Member, Health Care Authority, The Honorable Jim Pitrolo, Charleston, Kanawha County, for the term ending March 12, 2017.
      5.  For Member, Mine Inspectors' Examining Board, William Wooten III, Wilkinson, Logan County, for the term ending June 30, 2015.
      6.  For Member, Mine Inspectors' Examining Board, Charles Justice, Justice, Mingo County, for the term ending June 30, 2013.
      7.  For Member, Mine Inspectors' Examining Board, Carl Egnor, Given, Jackson County, for the term ending June 30, 2015.
      8.  For Member, Special Reclamation Fund Advisory Council, Christine Risch, Huntington, Cabell County, for the term ending June 30, 2012.
      9.  For Member, Board of Medicine, Dr. Cathy Funk, Martinsburg, Berkeley County, for the term ending September 30, 2014.
     10.  For Member, Tourism Commission, Walter Brown, Martinsburg, Berkeley County, for the term ending May 1, 2015.
     11.  For Member, Tourism Commission, John Klemish, White Sulphur Springs, Greenbrier County, for the term ending May 1, 2015.
     12.  For Member, Tourism Commission, Jeffrey Lusk, Lyburn, Logan County, for the term ending May 1, 2015.
     13.  For Member, Council for Educational Opportunity for Military Children, Major General James Hoyer, Charleston, Kanawha County, for the term ending June 30, 2015.
     14.  For Secretary, Department of Veterans' Assistance, Keith Gwinn, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
     15.  For Member, Parkways Authority, Victor Grigoraci, Charleston, Kanawha County, for the term ending May 31, 2016.
     16.  For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Eva Hallis, Charleston, Kanawha County, for the term ending June 30, 2013.
     17.  For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Nancy Oughton, Morgantown, Monongalia County, for the term ending June 30, 2013.
     18.  For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Tuanya Layton, Charleston, Kanawha County, for the term ending June 30, 2013.
     19.  For Member, West Liberty University Board of Governors, George Couch, Wheeling, Ohio County, for the term ending June 30, 2013.
     20.  For Member, West Liberty University Board of Governors, Dr. Edward Marks, Wellsburg, Brooke County, for the term ending June 30, 2012.
     21.  For Member, Commission for the Deaf and Hard of Hearing, George Blakely, Springfield, Hampshire County, for the term ending June 30, 2013.
     22.  For Member, Commission for the Deaf and Hard of Hearing, Jamie Mallory, Dunbar, Kanawha County, for the term ending June 30, 2013.
     23.  For Member, Commission for the Deaf and Hard of Hearing, Pierre Sevigny, Romney, Hampshire County, for the term ending June 30, 2014.
     24.  For Member, Commission for the Deaf and Hard of Hearing, Paul See, Moorefield, Hardy County, for the term ending June 30, 2014.
     25.  For Member, Board of Dental Examiners, Dr. L. Edward Eckley, Beckley, Raleigh County, for the term ending June 30, 2016.
     26.  For Member, Board of Dental Examiners, Dr. George Conard, Huntington, Cabell County, for the term ending June 30, 2016.
     27.  For Member, Board of Dental Examiners, Beverly Stevens, South Charleston, Kanawha County, for the term ending June 30, 2016.
     28.  For Member, West Virginia University Board of Governors, Ellen Cappellanti, Charleston, Kanawha County, for the term ending June 30, 2015.
     29.  For Member, West Virginia University Board of Governors, William Nutting, Wheeling, Ohio County, for the term ending June 30, 2015.
     30.  For Member, West Virginia University Board of Governors, James Dailey, Martinsburg, Berkeley County, for the term ending June 30, 2015.
     31.  For Member, Marshall University Board of Governors, Phyllis Arnold, Charleston, Kanawha County, for the term ending June 30, 2015.
     32.  For Member, Marshall University Board of Governors, David Haden, Charleston, Kanawha County, for the term ending June 30, 2015.
     33.  For Member, Fairmont State University Board of Governors, Frank Washenitz, Fairmont, Marion County, for the term ending June 30, 2015.
     34.  For Member, Board of Landscape Architects, Michael Biafore, Fairmont, Marion County, for the term ending June 30, 2012.
     35.  For Member, Board of Funeral Service Examiners, Ira Handley, Danville, Boone County, for the term ending June 30, 2015.
     36.  For Member, West Liberty University Board of Governors, Ann Thomas, Wheeling, Ohio County, for the term ending June 30, 2015.
     37.  For Member, Motorcycle Safety Awareness Board, Mike Adkins, Delbarton, Mingo County, for the term ending June 30, 2013.
     38.  For Member, Motorcycle Safety Awareness Board, Ray Carey, Lesage, Cabell County, for the term ending June 30, 2014.
     39.  For Member, Motorcycle Safety Awareness Board, Linda Gumm, Elkview, Kanawha County, for the term ending June 30, 2012.
     40.  For Member, Industrial Council, Edward Kent Hartsog, Hurricane, Putnam County, for the term ending June 30, 2015.
     41.  For Member, Kanawha Valley Community and Technical College Board of Governors, Martha Rader, Charleston, Kanawha County, for the term ending June 30, 2015.
     42.  For Member, Blue Ridge Community and Technical College Board of Governors, Rebecca Linton, Martinsburg, Berkeley County, for the term ending June 30, 2013.
     43.  For Member, Shepherd University Board of Governors, W. Mark Rudolph, Winchester, Virginia, for the term ending June 30, 2015.
     44.  For Member, Shepherd University Board of Governors, Holly McCall, Shepherdstown, Jefferson County, for the term ending June 30, 2015.
     45.  For Member, Bluefield State College Board of Governors, Larry Ratliff, Cedar Bluff, Virginia, for the term ending June 30, 2015.
     46.  For Member, West Virginia State University Board of Governors, The Honorable Larry L. Rowe, Charleston, Kanawha County, for the term ending June 30, 2015.
     47.  For Member, West Virginia State University Board of Governors, William Lipscomb, Institute, Kanawha County, for the term ending June 30, 2015.
     48.  For Member, West Virginia State University Board of Governors, Dr. Ann Brothers Smith, Detroit, Michigan, for the term ending June 30, 2013.
     49.  For Member, Parole Board, Steve Svokas, Weirton, Hancock County, for the term ending June 30, 2017.
     50.  For Member, Parole Board, Crystal Lynn Love, Oak Hill, Fayette County, for the term ending June 30, 2017.
     51.  For Member, Fire Commission, Thomas Keefer, Winfield, Putnam County, for the term ending June 30, 2016.
     52.  For Member, Fire Commission, Gary Bonnett, Rock Cave, Upshur County, for the term ending June 30, 2016.
     53.  For Member, Driver's License Advisory Board, Dr. J. Keith Wade, Fairmont, Marion County, for the term ending June 30, 2013.
     54.  For Member, Driver's License Advisory Board, Dr. Charles Vance, Midkiff, Lincoln County, for the term ending June 30, 2013.
     55.  For Member, Driver's License Advisory Board, Dr. Joe LoCascio, Huntington, Cabell County, for the term ending June 30, 2013.
     56.  For Member, Driver's License Advisory Board, Dr. John Brick, Morgantown, Monongalia County, for the term ending June 30, 2013.
     57.  For Member, Consolidated Public Retirement Board, Joseph Bunn, Charleston, Kanawha County, for the term ending June 30, 2012.
     58.  For Acting Commissioner, Insurance Commission, Mike Riley, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
     59.  For Member, Workforce Investment Council, Jim O'Connor, Belle, Kanawha County, for the term ending June 30, 2012.
     60.  For Member, Motor Vehicle Dealers Advisory Board, Kelly Smith, Charleston, Kanawha County, for the term ending June 30, 2013.
     61.  For Member, Motor Vehicle Dealers Advisory Board, Polly Diller, Charleston, Kanawha County, for the term ending June 30, 2013.
     62.  For Member, Motor Vehicle Dealers Advisory Board, Larry Myers, Bridgeport, Harrison County, for the term ending June 30, 2014.
     63.  For Member, Motor Vehicle Dealers Advisory Board, James Williams, Martinsburg, Berkeley County, for the term ending June 30, 2014.
     64.  For Member, Motor Vehicle Dealers Advisory Board, Michael Ratz, Logan, Logan County, for the term ending June 30, 2014.
     65.  For Member, Motor Vehicle Dealers Advisory Board, Margaret Wills, Fairmont, Marion County, for the term ending June 30, 2013.
     66.  For Member, Motor Vehicle Dealers Advisory Board, Michael Keener, Hurricane, Putnam County, for the term ending June 30, 2013.
     67.  For Member, Public Employees Insurance Agency Finance Board, Elaine Harris, St. Albans, Kanawha County, for the term ending June 30, 2015.
     68.  For Acting Executive Director, Human Rights Commission, Phyllis Carter, Institute, Kanawha County, to serve at the will and pleasure of the Governor.
     69.  For Member, Higher Education Policy Commission, Jenny Allen, Shepherdstown, Jefferson County, for the term ending June 30, 2015.
     70.  For Member, Higher Education Policy Commission, Kathy Eddy, Parkersburg, Wood County, for the term ending June 30, 2015.
     Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
     Which communication was received and referred to the Committee on Confirmations and incorporated with the legislative nominations received earlier; all to be considered as a special order of business for tomorrow, Tuesday, August 1, 2011, at 11 a.m.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Kessler (Acting President) and Hall (By Request of the Executive):
     
Senate Bill No. 1001--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.
     Referred to the Committee on Finance.
     By Senators Kessler (Acting President) and Hall (By Request of the Executive):
     
Senate Bill No. 1002--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.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senators Kessler (Acting President) and Hall (By Request of the Executive):
     
Senate Bill No. 1003--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.
     Referred to the Committee on Finance.
     By Senators Kessler (Acting President) and Hall (By Request of the Executive):
     
Senate Bill No. 1004--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 Department of Agriculture, fund 0131, fiscal year 2012, organization 1400, to the Department of Education, State Department of Education, fund 0313, fiscal year 2012, organization 0402, to the Department of Education and the Arts, Department of Education and the Arts - Office of the Secretary, fund 0294, fiscal year 2012, organization 0431, to the Department of Environmental Protection, Division of Environmental Protection, fund 0273, fiscal year 2012, organization 0313, to the Department of Health and Human Resources, Division of Health - Central Office, fund 0407, fiscal year 2012, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2012, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2012, organization 0511, and to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 0453, fiscal year 2012, organization 0612, by supplementing and amending the appropriations for the fiscal year ending June 30, 2012.
     Referred to the Committee on Finance.
     By Senators Kessler (Acting President) and Hall (By Request of the Executive):
     
Senate Bill No. 1005--A Bill supplementing, amending and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation - Division of Highways, fund 9017, fiscal year 2012, organization 0803, for the fiscal year ending June 30, 2012.
     Referred to the Committee on Finance.
     At the request of Senator Unger, unanimous consent being granted, Senator Unger offered the following resolution from the floor:
     Senate Resolution No. 103--Creating a Senate Select Committee on Redistricting for the eightieth Legislature.
     Resolved by the Senate:
     That for a period of time not to exceed the term of the eightieth Legislature there is hereby created a Senate Select Committee on Redistricting. This committee shall consist of seventeen members appointed by the Presiding Officer. Notwithstanding the provisions of any Senate rule to the contrary, this committee shall have jurisdiction of legislative proposals to arrange senatorial and delegate districts, to divide and alter the State into senatorial districts for the election of senators, to apportion delegate representation in the House of Delegates for the election of delegates, to divide the State into districts for the election of representatives to the Congress and related matters. The rules of the Senate governing standing committees shall govern the actions and proceedings of this committee insofar as applicable.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     In accordance with Senate Resolution No. 103 (Creating Senate Select Committee on Redistricting), Senator Kessler (Acting President) appointed the following members of the select committee:
     Senators Unger (Chair), Stollings (Vice Chair), Browning, Edgell, D. Facemire, Fanning, Foster, Klempa, Laird, Miller, Palumbo, Plymale, Prezioso, Williams, Barnes, Boley and Hall.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senator McCabe.
     Thereafter, at the request of Senator Foster, and by unanimous consent, the remarks by Senator McCabe were ordered printed in the Appendix to the Journal.
     Pending announcement of meetings of standing and select committees of the Senate, including a minority party caucus,
     On motion of Senator Unger, the Senate recessed until 6 p.m. today.
     Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
Executive Communications

     The following communication from His Excellency, the Governor, was reported by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

August 1, 2011

Senate Executive Message No. 2
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Acting President:
     The following replaces the "General Revenue Fund - Statement of Revenues, Expenditures and Changes in Cash Balance" which I submitted to you on January 12, 2011 as part of my recommended Budget for the fiscal year ending June 30, 2012.
General Revenue Fund

Statement of Revenues, Expenditures

and Changes in Cash Balance

          Actual Beginning Cash Balance July 1, 2011$        792,926,842
Less:31 Day Disbursements (July 1, 2011 - July 31, 2011)            (28,580,912  )
          Accumulated Prior Year Reimbursements (July 1, 2011 - July 31, 2011)          14,673
          Prior Year Appropriations Forwarded________ (425,551,354__)
          Accumulated Surplus from FY 2011 @ July 31, 2011$  338,809,249
Less:Transfer one-half to Revenue Shortfall Reserve Fund (Statutory)  (169,404,625  )
Less:Surplus Appropriations
              (FY 2012 Budget Bill HB 2012 - 2011 Regular Session)    (45,081,990)
Plus:Accumulated Prior Year Reimbursements (August 1, 2011 - August 1, 2011)  0
Less:     Recommended Surplus Supplemental Appropriations
              (2011 1st Extraordinary Session)                    ( 33,003,108)
          Estimated Unappropriated Surplus Balance @ June 30, 2012              $ 91,319,526
Plus:Revenue Estimate FY 2012$        4,015,621,000
Less:Regular Appropriations FY 2012________ (4,001,532,057__)
          Estimated Unappropriated Balance from FY 2012 @ June 30, 2012      $ 14,088,943
          Total Estimated Unappropriated Balance @ June 30, 2012              $105,408,469
          The following replaces the "State Road Fund - Statement of Revenues, Expenditures and Changes in Cash Balance" which I submitted to you on January 12, 2011 as part of my recommended Budget for the fiscal year ending June 30, 2012.
State Road Fund

Statement of Revenues, Expenditures

and Changes in Cash Balance

          Balance July 1, 2011$        125,892,797
Plus:     Revenue Estimate FY 2012                                1,151,591,998
          Available for FY 2012 Appropriations           $        1,277,484,795
Less:Regular Appropriations FY 2012 - Division of Highways           (1,126,224,821  )
          Regular Appropriations FY 2012 - Division of Motor Vehicles          (40,578,725)
          Regular Appropriations FY 2012 - Office of Administrative Hearings          (1,951,979)
          Claims Against the State Road Fund                     (2,390,821)
Less:Recommended FY 2012 Supplemental Appropriations
              (2011 1st Extraordinary Session):                   (62,500,000)
          Estimated Unappropriated Balance @ June 30, 2012      $43,838,449
     Thank you for your cooperation in this matter.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
     In compliance with Article VI, Section 51 of the Constitution, the Senate consented to receive the foregoing amendments to the Budget Bill, which were referred to the Committee on Finance.
The Senate proceeded to the fifth order of business.
     Senator Unger, from the Select Committee on Redistricting, submitted the following report, which was received:
     Your Select Committee on Redistricting has had under consideration
     Senate Bill No. 1006 (originating in the Select Committee on Redistricting)--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.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               John R. Unger II,
                               Chair.
     At the request of Senator Unger, unanimous consent being granted, the bill (S. B. No. 1006) contained in the preceding report from the Select Committee on Redistricting was taken up for immediate consideration, read a first time and ordered to second reading.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, August 2, 2011, at 11 a.m.
____________

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