hdj2011-08-01-01
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Monday, August 1, 2011
FIRST DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
Pursuant to the Proclamation of His Excellency, the Governor, issued on the twenty-ninth
day of July, 2011, and hereinafter set forth, convening the Legislature in Extraordinary Session on
the first day of August, 2011, 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.
The Speaker called attention to the untimely deaths of former Delegate Dale Martin and
Delegate Larry Border.
The Members arose and stood in silent memory of the deceased.
The Speaker then announced that Delegate Helen Martin and Delegate Anna Border had been
appointed to fill the aforementioned vacancies, and that each of them had previously taken and subscribed to the oath of office mandated by the Constitution. (Applause, the Members again rising)
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:
STATE OF WEST VIRGINIA
Earl Ray Tomblin
Governor
May 17, 2011
The Honorable Natalie Tennant
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Tennant:
Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Helen Martin,
Post Office Box 513, Poca, West Virginia 25159, as a Delegate representing the Thirteenth District
of the House of Delegates, to fill the vacancy created by the death of The Honorable Dale Martin
from this day through the remainder of the unexpired term of Delegate Martin.
Sincerely,
Earl Ray Tomblin
Governor
STATE OF WEST VIRGINIA
Earl Ray Tomblin
Governor
June 21, 2011
The Honorable Natalie Tennant
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Tennant:
Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Anna Border,
39 Highland Meadows Drive, Davisville, Wood County, West Virginia 26142, as a Delegate
representing the Ninth District of the House of Delegates, to fill the vacancy created by the death of
The Honorable Larry Border from this day through the remainder of the unexpired term of Delegate
Border.
Sincerely,
Earl Ray Tomblin
Governor
The roll being called
(Roll No. 508), and 99 members having answered to their names, the
Speaker declared the presence of a quorum.
The Speaker laid before House the Proclamation of His Excellency, the Governor, convening
the Legislature in extraordinary session, which was read by the Clerk as follows:
A P R O C L A M A T I O N
By the Governor
I, EARL RAY TOMBLIN, by virtue of the authority vested in the Governor by Section 7,
Article VII of the Constitution of West Virginia, do hereby call the Legislature of West Virginia to
convene in Extraordinary Session at twelve o'clock noon, on the first day of August, Two Thousand
Eleven, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering
and acting upon the following matters:
FIRST: Legislation relating to and implementing the decennial redistricting of the House
of Delegates and the State Senate of the Legislative Department.
SECOND: Legislation relating to and implementing the decennial apportionment of
representatives to the United States House of Representatives.
THIRD: Legislation reducing the rate of consumers sales and service tax and use tax on
the sale, purchase and use of food and food ingredients intended for human consumption by an
amount not to exceed one-half of one percent of the "sales price" as defined in section two, article
fifteen-b, chapter eleven of the Code of West Virginia, beginning January 1, 2012.
FOURTH: Legislation dedicating up to five percent of the tax attributable to the severance
of coal pursuant to section three, article thirteen-a, chapter eleven of the Code of West Virginia to
coal producing counties; providing that in no fiscal year shall the aggregate amount of said tax
dedicated to coal producing counties exceed $20 million; and providing for the distribution of such
dedicated amounts to coal producing counties.
FIFTH: Legislation clarifying the requirement for deposit and transfer of proceeds from
the sale, lease, conveyance or exchange of real property by the West Virginia Higher Education
Policy Commission, the West Virginia Council for Community and Technical College Education
and the institutional governing boards.
SIXTH: A supplemental appropriation bill to fund 0131, fiscal year 2012, organization
1400, of the Department of Agriculture account; to fund 0313, fiscal year 2012, organization 0402,
of the Department of Education-State Department of Education account; to fund 0294, fiscal year
2012, organization 0431, of the Department of Education and the Arts - Office of the Secretary
account; to fund 0273, fiscal year 2012, organization 0313, of the Department of Environmental
Protection-Division of Environmental Protection account; to fund 0407, fiscal year 2012,
organization 0506, of the Department of Health and Human Resources - Division of Health - Central
Office account; to fund 0525, fiscal year 2012, organization 0506, of the Department of Health and
Human Resources - Consolidated Medical Service Fund account; to fund 0403, fiscal year 2012,
organization 0511, of the Department of Health and Human Resources - Division of Human Services
account; and to fund 0453, fiscal year 2012, organization 0612, of the Department of Military Affairs
and Public Safety - West Virginia State Police account.
SEVENTH: A supplemental appropriation bill to fund 9017, fiscal year 2012, organization
0803, of the Department of Transportation - Division of Highways account.
EIGHTH: Certain ceremonial and memorial resolutions.
NINTH: Legislation authorizing and appropriating the expenditure of public moneys to pay
the expenses of this Extraordinary Session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State
of West Virginia, this the twenty-ninth day of July, in
the year of our Lord, Two Thousand Eleven, and in the One Hundred Forty-Ninth year of the State.
EARL RAY TOMBLIN
Governor
By the Governor:
Natalie E. Tennant
Secretary of State
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 Hall, Craig and Martin.
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, Walker and Border.
Delegate Hall, 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 Laird, Klempa and Nohe, 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.
Petitions
Delegates Caputo, Manchin and Longstreth presented a petition on behalf of their
constituents requesting that the Department of Highways pave certain portions of Secondary Route
33; which was referred to the Committee on Roads and Transportation.
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. 101 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as
amended, relating to reducing the consumers sales and service tax on sales, purchases and uses of
food and food ingredients intended for human consumption on a date certain"; to the Committee on
Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 102 - "A Bill to amend and reenact §18B-19-10 of the Code of West Virginia, 1931,
as amended, relating to clarifying the requirement for deposit and transfer of proceeds from the sale,
lease, exchange or conveyance of real property"; to the Committee on Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 103 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-13A-6a, relating to reallocating and dedicating five percent
of coal severance tax revenues up to $20 million to the coal-producing counties of origin to be
phased in over a five-year period after accounting for the revenues dedicated to other funds;
establishing state and local coal county reallocated severance tax funds and providing for distribution
of the moneys to the county commissions by the State Treasurer; establishing amounts each coal-
producing county to receive; requiring the creation of local funds into which moneys to be deposited;
requiring moneys be expended solely for economic development projects and infrastructure projects;
providing definitions; providing restrictions on the expenditure of moneys; providing duties of State
Tax Commissioner; providing audits of distributed funds when authorized by the Joint Committee
on Government and Finance; authorizing legislative and emergency rules; and establishing
administrative fees"; to the Committee on Finance.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day
was granted Delegate J. Miller.
At 12:14 p.m., the House of Delegates adjourned until 3:00 p.m., Tuesday, August 2, 2011.
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