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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2010

FIRST DAY

____________

Charleston, W. Va.,

Thursday, July 15, 2010

Pursuant to the proclamation of His Excellency, the Governor, the Honorable Joe Manchin III, dated the fifteenth day of July, two thousand ten, convening the seventy-ninth Legislature of West Virginia in extraordinary session today (Thursday, July 15, 2010), 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 President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Mike Hall, a senator from the fourth district.
Executive Communications

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

OFFICE OF THE GOVERNOR

CHARLESTON

May 19, 2010

The Honorable Natalie E. Tennant
Secretary of State
Charleston, West Virginia
Dear Secretary Tennant:
Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed John H. Shott, 422 Oakhurst Avenue, Bluefield, Mercer County, West Virginia, 24701, as a Senator representing the Tenth District of the Senate, to fill the vacancy created by the death of The Honorable Don Caruth, from this day until the election and qualification of a successor during the general election in November.
Sincerely,
Joe Manchin III,
Governor.
cc:The Honorable Earl Ray Tomblin
John H. Shott, of the County of Mercer, previously qualified by taking the several oaths of office prescribed by law and administered by the Honorable Earl Ray Tomblin, Senate President.
On the call of the roll, the following answered to their names:
Senators Barnes, Boley, Bowman, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President).
Thirty-two members having answered to their names, the President declared the presence of a quorum.
The following communication was reported by the Clerk:
THE SENATE OF WEST VIRGINIA

OFFICE OF THE PRESIDENT

CHARLESTON

June 7, 2010

The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
On this day, June 7, 2010, I hereby appoint Senator Mike Hall as Minority Leader of the West Virginia State Senate.
If you have any question regarding this matter, please contact my office.
Sincerely,
Earl Ray Tomblin,
Senate President - Lt. Governor.
Senator Tomblin (Mr. President) announced the appointment of Senator Shott to the Committees on Economic Development, Government Organization, Interstate Cooperation and the Judiciary and Senator Hall to the Committee on Rules.
Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the following proclamations from His Excellency, the Governor, convening the Legislature in extraordinary session, which were 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, 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 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 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.
STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

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, 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.
Senator Chafin offered the following resolution:
Senate Resolution No. 201--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 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 Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such committee the following:
Senators White, Bowman and Guills.
Subsequently, Senator White, 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 Beach, Klempa and Anderson, 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 Chafin then offered the following resolution:
Senate Resolution No. 202--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 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 Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such committee the following:
Senators Minard, Prezioso and K. Facemyer.
A message from the House of Delegates, by
Delegates Staggers, D. Walker and Evans, 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. 202. Senate and House members of this select committee then proceeded to the executive offices.
Subsequently, Senator Minard reported that the joint Senate and House committee had performed the duty assigned to it.
Pending announcement of a majority party caucus,
On motion of Senator Chafin, the Senate recessed until 2 p.m. today.
Upon expiration of the recess, the Senate reconvened and proceeded to the third order of business.
Executive Communications

Senator Tomblin (Mr. 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

July 15, 2010

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 Secretary, Department of Military Affairs and Public Safety, Joseph Thornton, Culloden, Putnam County, to serve at the will and pleasure of the Governor.
2.For Member, Board of Physical Therapy, D. C. Offutt, Jr., Barboursville, Cabell County, for the term ending June 30, 2014.
3.For Member, Board of Occupational Therapy, Bambi Hill, Beckley, Raleigh County, for the term ending December 31, 2011.
4.For Member, Municipal Pensions Oversight Board, John Kee, Charleston, Kanawha County, for the term ending June 30, 2014.
5.For Member, Fire Commission, Michael Butcher, Parkersburg, Wood County, for the term ending June 30, 2012.
6.For Member, Fire Commission, Grant Gunnoe, Winfield, Putnam County, for the term ending June 30, 2014.
7.For Member, Ethics Commission, Douglas Sutton, Mannington, Marion County, for the term ending June 30, 2011.
8.For Member, Forest Review Management Commission, The Honorable Thomas Hawse III, Moorefield, Hardy County, for the term ending March 14, 2013.
9.For Member, Fire Commission, Rick Scott, Clarksburg, Harrison County, for the term ending June 30, 2015.
10.For Member, Public Service Commission, Ryan Palmer, Charleston, Kanawha County, for the term ending June 30, 2015.
11.For Member, West Virginia School of Osteopathic Medicine Board of Governors, Dr. Randall Short, Chapmanville, Logan County, for the term ending June 30, 2014.
12.For Member, West Virginia School of Osteopathic Medicine Board of Governors, Dr. Rodney Fink, Daniels, Raleigh County, for the term ending June 30, 2014.
13.For Member, Board of Osteopathy, Dr. Joseph Schreiber, Weirton, Hancock County, for the term ending June 30, 2013.
14.For Member, Parole Board, Mike McCarthy, Huntington, Cabell County, for the term ending June 30, 2016.
15.For Member, West Virginia University Board of Governors, Carolyn Long, Little Birch, Braxton County, for the term ending June 30, 2014.
16.For Member, West Virginia University Board of Governors, Andrew Payne III, Charleston, Kanawha County, for the term ending June 30, 2014.
17.For Member, West Virginia University Board of Governors, Thomas Flaherty, Charleston, Kanawha County, for the term ending June 30, 2014.
18.For Member, Parkways Authority, Tom Mainella, Fairmont, Marion County, for the term ending June 30, 2015.
19.For Commissioner, Tax Division, Craig Griffith, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
20. For Member, Fairmont State University Board of Governors, Shirley Stanton, Fairmont, Marion County, for the term ending June 30, 2014.
21.For Member, Nursing Home Administrators Licensing Board, Ronald LaNeve, Elkins, Randolph County, for the term ending June 30, 2015.
22.For Member, Nursing Home Administrators Licensing Board, Kay Cottrill, Clarksburg, Harrison County, for the term ending June 30, 2015.
23.For Member, Nursing Home Administrators Licensing Board, Matthew Keefer, Hurricane, Putnam County, for the term ending June 30, 2012.
24.For Member, Nursing Home Administrators Licensing Board, Roger Topping, Princeton, Mercer County, for the term ending June 30, 2014.
25.For Member, Nursing Home Administrators Licensing Board, Tammy Jo Painter, Charleston, Kanawha County, for the term ending June 30, 2013.
26.For Member, Nursing Home Administrators Licensing Board, Joan Armbruster, Davis, Tucker County, for the term ending June 30, 2014.
27.For Member, Glenville State College Board of Governors, Sue Morris, Glenville, Gilmer County, for the term ending June 30, 2012.
28.For Member, Glenville State College Board of Governors, Bill Hanlin, St. Marys, Ritchie County, for the term ending June 30, 2011.
29.For Member, Glenville State College Board of Governors, Jerry Milliken, Spencer, Roane County, for the term ending June 30, 2013.
30.For Member, Glenville State College Board of Governors, Greg Smith, Glenville, Gilmer County, for the term ending June 30, 2014.
31.For Member, Glenville State College Board of Governors, Richard Heffelfinger, Charleston, Kanawha County, for the term ending June 30, 2011.
32.For Member, Glenville State College Board of Governors, Paul Fulks, Bridgeport, Harrison County, for the term ending June 30, 2013.
33.For Member, Glenville State College Board of Governors, Tim Butcher, Glenville, Gilmer County, for the term ending June 30, 2013.
34.For Member, Glenville State College Board of Governors, Stan Pickens, Clarksburg, Harrison County, for the term ending June 30, 2014.
35.For Member, West Virginia University Board of Governors, The Honorable James Robert Rogers, Ponte Vedra Beach, Florida, for the term ending June 30, 2012.
36.For Member, Investment Management Board of Trustees, Steve Antoline, Mount Lookout, Nicholas County, for the term ending January 31, 2015.
37.For Member, Water Development Board, Michael Jones, Farmington, Marion 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,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Stollings, consideration of the nominations immediately hereinbefore reported was made a special order of business under unfinished business for tomorrow, Friday, July 16, 2010.
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 Tomblin (Mr. President) and Hall (By Request of the Executive):
Senate Bill No. 2001--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.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
Senate Bill No. 2002--A Bill supplementing and amending Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill, by supplementing and amending the appropriation for the fiscal year ending June 30, 2011.
Referred to the Committee on Finance.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

Senator Prezioso presented a petition from Robert Brown and numerous West Virginia residents, requesting paving of County Routes 44 and 46/2.
Referred to the Committee on Transportation and Infrastructure.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, July 16, 2010, at 11 a.m.
____________
SENATE CALENDAR


Friday, July 16, 2010


11:00 A.M.


UNFINISHED BUSINESS


________


SPECIAL ORDER OF BUSINESS


Consideration of executive nominations

_________
HISTORY OF BILLS AND RESOLUTIONS

CONSIDERED BY SENATE

Includes actions as of July 15, 2010


(This symbol * indicates Committee Substitutes.)


ALL SENATE BILLS INTRODUCED


(This digest embraces the complete bill list submitted.

If passed, all effective ninety days from passage unless otherwise indicated.)



2001.
By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Filling of vacancies in office of U. S. Senator - Introduced 07/15/10 - To Judiciary - To Judiciary 07/15/10


2002.
By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Creating new item of appropriation to Secretary of State for special election - Introduced 07/15/10 - To Finance - To Finance 07/15/10


ALL SENATE RESOLUTIONS OFFERED


201.
By Sen. Chafin - Raising committee to notify House of Delegates Senate has assembled - Introduced 07/15/10 - Adopted 07/15/10


202.
By Sen. Chafin - Raising committee to notify Governor Legislature has assembled - Introduced 07/15/10 - Adopted 07/15/10


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