__________*__________
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.