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

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)
hdj2010-07-17-03


__________*__________




Saturday, July 17, 2010

THIRD DAY

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

                              

     The House of Delegates met at 11:00 a.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 Friday, July 16, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Messages from the Executive

     The Speaker laid before the House of Delegates a Proclamation of His Excellency, the Governor, amending his original Proclamation issued on the 15th day of July, which Proclamation 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 conferred upon me by Section 7, Article VII of the Constitution of West Virginia, do hereby state and proclaim that the Legislature, in the Extraordinary Session commencing the fifteenth day of July, two thousand ten, in its chambers in the State Capitol, City of Charleston, consider the following amendment to the first item of business stated in my first proclamation of the fifteenth day of July, two thousand ten:
     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 States Senate 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; 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 an effective date for the legislation that includes at least any vacancy existing as of July 1, 2010.
     FURTHERMORE, I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority conferred upon my by Section 7, Article VII of the Constitution of West Virginia, do hereby state and proclaim that the Legislature, in the Extraordinary Session commencing 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 two proclamations of the fifteenth day of July, two thousand ten, the following additional items of business:
     FOURTH:   Legislation relating to health and developmental screening of students in the public schools; and requiring a comprehensive health screening for students entering public school for the first time in this state, students entering third grade, students entering sixth grade, and students entering ninth grade.
     FIFTH:    Legislation relating to improving school performance; setting forth requirements for improving school performance; requiring plans for early warnings and interventions; adopting a performance-based model for evaluating school performance; revising standards and criteria; authorizing certain actions of the State Board of Education related to improving school performance; and creating the Education Opportunity Zone 180 program.
     SIXTH:    Legislation relating to school committees; and authorizing the reorganization of certain committees into collaborative teams.
     SEVENTH:  Legislation relating to the training and certification of certain professional personnel in the public schools; authorizing alternative training and certification programs for certain professional personnel; and setting forth program requirements.
EIGHTH:   Legislation relating to the evaluation of professional personnel in the public

schools; and requiring annual evaluations.
     NINTH:    Legislation relating to a pilot project authorizing additional compensation for certain professional personnel in the public schools; and authorizing a pilot project for a special community development school pilot program.
     TENTH:    Legislation relating to establishing pilot projects for alternative schools or other placements at elementary school and middle school levels; and requiring uniform standards and definitions for disruptive behavior and alternative placement.
     ELEVENTH: Legislation relating to extending the application period for counties to apply for the pilot program for military and overseas voters for the 2010 general election.
     TWELFTH:       Legislation relating to the sunset of provisions relating to family court
appeals.
     THIRTEENTH:    Legislation relating to the sunset of provisions authorizing Marshall University and West Virginia University to invest certain funds.
     FOURTEENTH:    Certain ceremonial and memorial resolutions.
     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 seventeenth 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
House Calendar

Third Reading

     Com. Sub. for H. B. 201, United States Senatorial succession;
on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
     On motion of Delegate Miley, the bill was amended
on page seven, section four-a, line twenty, by striking out the words "Notice of" and inserting in lieu thereof, the following:
     "The Governor shall issue a proclamation calling for a special election. The proclamation for" and a period.
     On motion of Delegate Wooton, the bill was amended on page seven, line fifteen, section four-a, following the words "each political party", by inserting the words "or only one person has filed for the election in any party" and a comma.
     Delegate Carmichael moved to amend the bill amended on page five, line eight, section four- a, by striking out the following language:
     "A special primary election shall be held to nominate party candidates for the November election. If upon the closure of the filing deadline for filing a certificate of announcement for the special primary election there is only one certificate of announcement in a political party for nomination, the person filing the certificate shall be declared the nominee for the party. If only one person has filed a certificate of announcement in each political party, then no special primary shall be held pursuant to this section."
     And,
     On page six, line five, section four-a, by striking out subsection (d) in its entirety and inserting in lieu thereof the following:
_____"(d) The special election to fill this vacancy shall be conducted as an open general election with no nomination requirements. Any candidates may appear in the special election to fill the vacancy after filing a timely certificate of announcement with the Secretary of State and the payment of the required filing fee.
_____
(1) Absentee ballots, other than military and overseas ballots, shall be mailed no later than fifteen days prior to the general election; military and overseas ballots shall be mailed no later than thirty days prior to the the general election;
_____(3) A notarized declaration of candidacy and filing fee shall be filed and received in hand by the Secretary of State by 5:00 p.m. on the fourth business day following the proclamation of the special election. The declaration of candidacy may be filed in person, by United States mail, electronic means or any other means authorized by the Secretary of State;
_____
(3) An open general election means that any certified candidate for a vacant United States Senate seat may seek election without a nominating process and the candidate receiving the most votes in that election shall be elected to fill that vacancy; provided that, if no candidate shall receive a majority of votes in the open general special election a runoff election shall take place sixty three days after that election which shall be between the two candidates receiving the largest shares of the vote in that open general special election."
     The Speaker put the question on the adoption of the foregoing amendment, and the same did not prevail.
     Delegate Sobonya moved to amend the bill on page nine, line fifty-six, by striking out subsection (e), section four-a, article ten, chapter three and renumbering the remaining subsections accordingly.
     On the adoption of the amendment, Delegate Sobonya demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 490), and there were--yeas 26, nays 61, absent and not voting 13, with the yeas and absent and not voting being as follows:
     Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cole, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, McGeehan, J. Miller, Overington, Porter, Romine, Rowan, Schoen, Sobonya, Sumner and Walters.
     Absent And Not Voting: Andes, Argento, Caputo, Ennis, Hall, Hunt, Iaquinta, C. Miller, Schadler, Shook, Stephens, Stowers and Varner.
    So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.

     There being no further amendments, the bill was ordered to engrossment and third reading.
The bill was then read a third time.

     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 491), and there were--yeas 42, nays 45, absent and not voting 13, with the yeas and absent and not voting being as follows:
     Yeas: Speaker Thompson, Beach, Boggs, Campbell, Cann, Crosier, Doyle, Ferro, Fragale, Frazier, Givens, Hartman, Hutchins, Klempa, Kominar, Lawrence, Longstreth, Mahan, Manchin, Marshall, Martin, Miley, Morgan, Moye, Paxton, Perry, Pethtel, Phillips, D. Poling, Reynolds, Ross, Shaver, Skaff, Smith, Spencer, Susman, Swartzmiller, Talbott, D. Walker, White, Williams and Wooton.
     Absent And Not Voting: Andes, Argento, Caputo, Ennis, Hall, Hunt, Iaquinta, C. Miller, Schadler, Shook, Stephens, Stowers and Varner.
     So, a majority of the members present and voting having not voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 201) rejected.
     At 12:50 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:00 p.m., subject to the call of the Chair.
* * * * * * *

Afternoon Session

* * * * * * *

     Following the recess, the House met again at 4:00 p.m., and was called to order by the Speaker.
     Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegate Perdue regarding Com. Sub. for H. B. 201 be printed in the Appendix to the Journal.
     Still being in possession of the Clerk, Com. Sub. for H. B. 201, United States Senatorial succession, was taken up for further consideration.
     On motion of Delegate Michael, the House of Delegates then reconsidered the vote whereby the bill was rejected.
     On this motion, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 492), and there were--yeas 49, nays 34, absent and not voting 17, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Butcher, Canterbury, Carmichael, Cole, Cowles, Duke, Eldridge, Ellem, Evans, Hamilton, Hatfield, Ireland, Lane, Louisos, McGeehan, J. Miller, Moore, Overington, Perdue, Porter, Romine, Rowan, Schoen, Sobonya, Staggers, Sumner and Walters.
     Absent And Not Voting: Argento, Brown, Caputo, Crosier, Ennis, Hall, Hunt, Iaquinta, Manypenny, Martin, C. Miller, Schadler, Shook, Skaff, Stephens, Stowers and Varner.
     So, a majority of the members present and voting having voted in the affirmative, the motion prevailed.
     The question now being on the passage of the bill, the yeas and nays were taken (Roll No. 493), and there were--yeas 46, nays 37, absent and not voting 17, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Azinger, Barker, Blair, Border, Butcher, Canterbury, Carmichael, Cole, Cowles, Duke, Eldridge, Ellem, Evans, Fleischauer, Guthrie, Hamilton, Hatfield, Ireland, Lane, Louisos, McGeehan, J. Miller, Moore, Overington, Perdue, Porter, Romine, Rowan, Schoen, Sobonya, Staggers, Sumner and Walters.
     Absent And Not Voting: Argento, Brown, Caputo, Crosier, Ennis, Hall, Hunt, Iaquinta, Manypenny, Martin, C. Miller, Schadler, Shook, Skaff, Stephens, Stowers and Varner.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 201) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 494), and there were--yeas 51, nays 34, absent and not voting 15, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Brown, Butcher, Canterbury, Carmichael, Cole, Cowles, Duke, Eldridge, Ellem, Evans, Fleischauer, Hamilton, Ireland, Lane, Louisos, McGeehan, J. Miller, Moore, Overington, Perdue, Porter, Romine, Rowan, Schoen, Sobonya, Sumner and Walters.
     Absent And Not Voting: Argento, Caputo, Crosier, Ennis, Hall, Hunt, Iaquinta, Manypenny, Martin, C. Miller, Schadler, Shook, Stephens, Stowers and Varner.
     So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the motion to make the bill (Com. Sub. for H. B. 201) effective from its passage did not prevail.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Eighth Order of Business for the purpose of introduction of bills.
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. 203 - "A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended, relating to investments by Marshall University and West Virginia University; and extending the sunset provision to allow the continued investment of funds in the nonprofit foundations of Marshall University and West Virginia University"; to the Committee on Finance.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 204 - "A Bill to amend and reenact §18-5-17 of the Code of West Virginia, 1931, as amended, relating to replacing certain current screening requirements with compulsory comprehensive health screening for students entering public school for the first time in this state and students entering third grade, sixth grade and ninth grade; defining terms; setting forth certain requirements and prohibitions for county boards of education; prohibiting certain county board actions for failure to comply; requiring promulgation of legislative rules; requiring state board analysis of current infrastructure in place to implement requirements; requiring state board plan for implementing requirements; and requiring reports"; to the Committee on Education then Finance.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 205 - "A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9-3a of said code, all relating to the improvement of schools and school districts; requiring electronic county and school strategic improvement plans to plan for early warnings and interventions; requiring electronic county and school strategic improvement plans to identify level of performance on certain high quality education standards; requiring state board adoption of rule on certain high quality education standards and including certain legally required elements; requiring certain reports on rule and submission on certain dates; requiring state board study consistent with rule of certain staffing issues and specifying submission; revising graduation standards used to determine adequate yearly progress under the No Child Left Behind Act; requiring state annual performance measures to account for growth over the previous year; revising extraordinary circumstances that may warrant a school being given a low-performing accreditation status; narrowing deadlines for improvement of low performance in schools; revising school system approval criteria for schools given temporary and conditional status; authorizing the district-wide transfer of principals in school systems on nonapproved status in certain circumstances; requiring certain revision and state board approval of county strategic improvement plan of counties given temporary, conditional or nonapproval status; establishing the Education Opportunity Zone 180 program; requiring training for certain county board members and providing penalty for not attending; requiring training for superintendents and certain other personnel in certain circumstances; requiring counties given temporary, conditional or nonapproval status to examine various strategies collaboratively agreed upon to bring county to full approval; including accreditation status and county board member training information on published financial reports; and making technical corrections and removing obsolete provisions"; to the Committee on Education.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 206 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-38; and to amend said code by adding thereto a new article, designated §18-5C-1, §18-5C-2 and §18-5C-3, all relating to school teams and school committees; making legislative findings; requiring state board study; establishing purposes; requiring school application to create or augment collaborative teams by replacing certain school committees; providing that certain committees may not be reorganized; establishing certain authority not superceded; establishing contents of application; establishing local level approval process; requiring state board approval; providing state board authority to waive certain state board rules; authorizing school to institute plan; and requiring state board legislative rules by certain date"; to the Committee on Education.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 207 - "A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to alternative principal and teacher certification; authorizing alternative principal and teacher certification programs; defining certain terms; setting forth procedures for approving alternative education programs by education providers; providing for alternative instructional requirements; establishing eligibility standards; setting forth certain requirements for training and induction; providing criteria for recommendations and decisions affecting rehiring and hiring; and requiring certain legislative rules"; to the Committee on Education.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 208 - "A Bill to amend and reenact §18A-2-12 and §18A-2-12a of the Code of West Virginia, 1931, as amended, all relating to the evaluation of professional personnel in the public schools; specifying certain professional personnel who must be evaluated; requiring evaluations to be at least annual; providing certain processes for evaluations and applicable dates; requiring state board to revise professional personnel evaluations; requiring state board establishment of task force; requiring state board study of duties and responsibilities of certain professional employees and time required; requiring use and reporting of study; establishing task force reporting and recommendations; requiring state board report to Legislative Oversight Commission on Education Accountability; establishing dates certain for submission of proposed rule and adopted rule; establishing effective date of rule; and modifying related provisions to comport with amended provisions"; to the Committee on Education.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 209 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-3-12; and to amend said code by adding thereto a new section, designated §18A-4-2c, all relating to pilot programs to increase academic achievement; requiring the state superintendent to establish a special community development school pilot program for implementation in a public school with significant enrollments of disadvantaged, minority and underachieving students for the purpose of developing and implementing strategies that could be replicated; requiring the state board to promulgate a rule that establishes special two-year pilot programs for additional monetary payments for teachers, principals and assistant principals based on certain circumstances; setting forth minimum requirements for the rule; setting forth certain reporting requirements; defining terms; and establishing funding requirements"; to the Committee on Education then Finance.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 210 - "A Bill to amend and reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating to establishing pilot projects for alternative schools or other placements at elementary and middle school levels; requiring uniform definitions and standards for disruptive behavior and placement; and requiring reports"; to the Committee on Education then Finance.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 211 - "A Bill to amend and reenact §3-3B-3 of the Code of West Virginia, 1931, as amended, relating to the pilot program for military and overseas voters for the primary and general elections to be held during the year 2010; and extending the application period for counties to apply with the Secretary of State's Office to participate in the pilot program for the general election"; to the Committee on the Judiciary then Finance.
     Mr. Speaker, Mr. Thompson, and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 212 - "A Bill to amend and reenact §51-2A-16 of the Code of West Virginia, 1931, as amended, relating to family court appellate procedures; removing sunset provisions regarding appeal of family court decisions; and applying amendments to section retroactively"; to the Committee on the Judiciary.
     At 4:09 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m.,
subject to the call of the Chair.
     Following the recess, several time extended, the House met again at 6:00 p.m., and was called to order by the Speaker.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with amendments, to take effect from passage, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 201, United States Senatorial succession.
     On motion of Delegate Boggs, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section designated as §3-10-4a, to read as follows:
ARTICLE 10. FILLING VACANCIES.
§3-10-4a. Special Senate vacancy election.
     (a) Notwithstanding the provisions of section three of this article establishing processes for the appointment and election to fill a vacancy in office of United States Senator, for purposes of filling the vacant seat in the office of United States Senator existing on July 1, 2010, a special election shall be held to fill the unexpired term in conjunction with the general election of November 2, 2010. A special primary election shall be held to nominate party candidates for the November election. In any other vacancy in office of United States Senator occurring during the period of time this section is effective pursuant to subsection (d) of this section, the Governor shall make an appointment who will serve until a successor is elected and qualified during the 2012 general election.
     (b) For the special primary election required to be held prior to the November 2, 2010 election by operation of this section upon its enactment during the second extraordinary session of the Legislature, 2010, the Governor shall immediately issue a proclamation calling for a special primary election and general election. The special general election shall be held on November 2, 2010. The following provisions apply to these special elections:
     (1) The proclamation for the special election shall be published prior to the election as a Class II-0 legal advertisement in accordance with article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. The notice shall be filed with the Secretary of State who shall immediately transmit the document to the clerk of the county commission of each county. The clerk of the county commission of each county shall cause the document to be published within the county in accordance with this section.
     (2) The provisions of this chapter shall apply to this special primary election to the extent that those provisions are consistent with the provisions of this section. Statutory time deadlines relating to availability of absentee ballots, certification, canvassing and related election procedures that cannot be met in a timely fashion, for the purpose of this election, are modified as follows:
     (A) The special primary election is to be held August 28, 2010;
     (B) Absentee ballots, other than military and overseas ballots, shall be mailed no later than fifteen days prior to the special primary election and the general election; military and overseas ballots shall be mailed no later than thirty days prior to the special primary election and the general election;
     (C) A notarized declaration of candidacy and filing fee shall be filed and received in hand by the Secretary of State by 5:00 p.m. on the fourth business day following the proclamation of the special primary election. The declaration of candidacy may be filed in person, by United States mail, electronic means or any other means authorized by the Secretary of State;
     (D) The early voting period shall begin eight calender days prior to the special primary election;
     (E) The canvass shall be completed and the results declared no later than 4:00 p.m. of the third business day following the special primary election; and
     (F) The Secretary of State shall issue administrative orders and undertake other ministerial actions necessary to assure the preservation of voting rights of the citizens of this state, that all procedures are in place to avoid fraudulent voting and election activities and otherwise assure the orderly and efficient conduct of the election.
     (G) The compensation of election officers, cost of printing ballots and all other reasonable and necessary expenses in holding and making the return of the special election to fill a vacancy in the office of United States Senator are obligations of the state incurred by the ballot commissioners, clerks of the circuit courts, clerks of the county commissions and county commissions of the various counties as agents of the state. All expenses of the special election are to be audited by the Secretary of State. The Secretary of State shall prepare and transmit to the county commissions forms on which the county commissions shall certify all expenses of these special elections to the Secretary of State. If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the State Treasurer and shall mail the warrants directly to the vendors of the special election services, supplies and facilities.
     (c) The Secretary of State, shall by January 10, 2011, report to the Joint Committee of Government and Finance findings regarding of the operation of the special elections undertaken pursuant to subsection (b) of this section. This report shall provide analysis of: direct and indirect costs to the state associated with the conduct of the election; benefits and disadvantages of conducting an election on a Saturday; the impact of compressed time periods on efficient election administration; and whether this election process impacted early voting and participation by military and overseas voters.
     (d) The provisions of this section expire on July 1, 2011.
     (e) Any special election, which is held under the provisions of this section and occurs in conjunction with a general election, shall be a separate election from the general election."
     And by amending the title of the bill to read as follows:
     Com. Sub. for H. B. 201- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §3-10-4a, relating to filling 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 certain statutory time periods; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines necessary to preserve voting rights, avoid fraudulent voting and other election irregularities and assure orderly and efficient administration of the special primary election; requiring the state to pay costs incurred in connection with a special election to fill a vacancy in the office of United States Senator and providing for the expiration of the section; and clarifying that the special general election held on November 2, 2010, for the United States Senate vacancy is a separate election from the general election held on the same date."
     On motion of Delegate Boggs, the House refused to concur in the Senate amendments and requested the Senate to recede therefrom.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
House Calendar

Second Reading

     Com. Sub. for S. B. 2001, Filling of vacancies in office of U. S. Senator; on second reading, coming up in regular order, was read a second time and, at the request of Delegate Boggs and by unanimous consent, ordered to third reading, with amendments pending and the rule was suspended to offer and consider additional amendments on that reading.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had refused to recede from its amendments, and requested the House to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
     Com. Sub. for H. B. 201, United States Senatorial succession.
     On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
     Whereupon,
     The Speaker appointed as conferees on the part of the House of Delegates the following:
     Delegates Miley, Longstreth and Lane.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Andes, Argento, Caputo, Ennis, Hall, Hunt, Iaquinta, C. Miller, Schadler, Shook, Stephens, Stowers and Varner.
Miscellaneous Business

     Delegate Manypenny announced that he was absent when the votes were taken on Roll Nos. 492, 493 and 494, and that had he been present, he would have voted "Nay" thereon.
     Delegate Martin also announced that he was absent when the votes were taken on Roll Nos. 492, 493 and 494, and that had he been present, he would have voted "Yea" thereon.
     Delegate Carmichael asked and obtained unanimous consent that the dialogue between Judiciary Chairman Miley and Delegates Armstead, Ashley, Cowles, Duke, Ireland, Lane, Overington, Schoen and Sobonya regarding Com. Sub. for H. B. 201 be printed in the Appendix to the Journal.
     At 6:19 p.m., the House of Delegates adjourned until 4:00 p.m., Sunday, July 18, 2010.

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