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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)
hdj2010-07-15-01


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Thursday, July 15, 2010

FIRST DAY

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

                              

     Pursuant to the Proclamation of His Excellency, the Governor, issued on the fifteenth day of July, 2010, and hereinafter set forth, convening the Legislature in Extraordinary Session on the fifteenth day of July, 2010, 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.
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:
HOUSE OF DELEGATES

WEST VIRGINIA LEGISLATURE

Building 1, Room 6-R

1900 Kanawha Blvd., East

Charleston, WV 25305

May 20, 2010

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol Complex
Building 1, Room 228M
Charleston, WV 25305
Dear Mr. Speaker:
     As a result of by appointment to fill the vacancy caused by the death of Senator Don Caruth, I hereby resign from my position as a member of the House of Delegates representing the 24th District effective immediately.
     It has been an honor and a pleasure to serve in the House of Delegates, and I am most grateful for the opportunity to work with you and the other Delegates. I thank you and each of the other Delegates for the courtesy and kindness extended to me since I began my term and wish each of you good health and success in your efforts to improve the lives of our fellow West Virginians.
                                        Sincerely,
                                        John H. Shott
STATE OF WEST VIRGINIA

Joe Manchin, III

Governor

May 28, 2010

The Honorable Natalie Tennant
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Tennant:
     Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed William Paul Cole III, 404 Oakhurst Avenue, Blue field, Mercer County, West Virginia, 24701, as a Delegate representing the Twenty-fourth District of the House of Delegates, to fill the vacancy created by the appointment of The Honorable John Shott to the West Virginia Senate, from this day through the remainder of the unexpired term of John Shott in the House of Delegates.
                                        Sincerely,
                                        Joe Manchin, III,
                                         Governor.
     The Speaker announced that Delegate Cole had previously qualified by taking and subscribing to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia.
     The roll being called (Roll No. 488), and 92 members having answered to their names, the Speaker declared the presence of a quorum.
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 twelve o'clock noon on the fifteenth day of July, two thousand ten, 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 vacancies in the office of United States Senator; requiring the State to pay costs incurred in connection with a special election to fill the unexpired term of a United States Senator; authorizing the Governor to fill vacancies in the United State Senate by appointment; specifying when an election is required to fill the unexpired term of a United State Senator; setting forth procedures for the nomination of candidates for an election to fill the unexpired term of a United States Senator; specifying requirements for a proclamation of election to fill the unexpired term of a United States Senator; providing that the Secretary of State may modify dates, deadlines, or procedures where necessary to conduct an election to fill the unexpired term of a United States Senator; and providing that the legislation is effective for any vacancy in the United States Senate occurring on or after June 1, 2010.
 SECOND:                                      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 fifteenth 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
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 commending 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 proclamation of the fifteenth day of July, two thousand ten, the following additional item of business:
 THIRD:                                       A supplemental appropriation bill to fund 0155, fiscal year 2011, 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 fifteenth 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
 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 Beach, Klempa and Anderson.
 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, D. Walker and Evans.
 Delegate Beach, 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 White, Bowman and Guills, 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.

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. 201 - "A Bill to amend and reenact §3-1-44 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-10-1 and §3-10-3 of said code; and to amend said code by adding thereto a new section, designated §3-10-4a, all relating to vacancies in the office of United States Senator; requiring the state to pay costs incurred in connection with a special election to fill a vacancy in the office of United States Senator; making technical amendments; clarifying the procedure for filling vacancies in the office of United States Senator; providing that any vacancy occurring in the office of United States Senator is filled by the Governor by appointment; specifying when an election is required to fill the unexpired term of a United States Senator; setting forth procedures for the nomination of candidates for an election to fill the unexpired term of a United States Senator; requiring a special primary election for the nomination of political party candidates under certain circumstances; setting forth requirements for a Governor's proclamation; providing that the Secretary of State may modify dates, deadlines or procedures in connection with an election to fill a vacancy in the office of United States Senator; and providing an effective date"; to the Committee on the Judiciary.
 Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 
H. B. 202 - "A Bill supplementing and amending chapter 8, acts of the Legislature, regular session, 2010, knew as the budget bill, all supplementing and amending the appropriation for the fiscal year ending June 30, 2011"; to the Committee on Finance.
 At 12:21 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:00 p.m., subject to the call of the Chair.
* * * * * *

Evening Session

* * * * * *

 Following the recess, several times extended, the House met again at 10:00 p.m., and was called to order by the Speaker.
 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 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. 201, United States Senatorial succession,
 And reports back a committee substitute therefor, with a new title, as follows:
 Com. Sub. for H. B. 201 - "A Bill to amend and reenact §3-1-44 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section designated as §3-10-4a, all relating to vacancies in the office of United States Senator; requiring the state to pay costs incurred in connection with a special election to fill 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 statutory time periods; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines necessary to assure for the orderly administration of the special primary election; and providing for the expiration of the section,"
 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. 201) was taken up for immediate consideration, read a first time and then ordered to second reading.
 The Speaker announced that it was intention, following second reading of the bill, to advance Com. Sub. for H. B. 201 to third reading with the general right to offer and consider amendments on that reading.
Leaves of Absence

 At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Ennis, Hall, Manchin, C. Miller, Schadler, Stowers and Varner.  At 10:03 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, July 16, 2010.

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