sdj-1st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2011
FIRST DAY
____________
Charleston, W. Va., Monday, August 1, 2011
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Earl Ray Tomblin, dated the twenty-ninth day of July,
two thousand eleven, convening the eightieth Legislature of West
Virginia in extraordinary session today (Monday, August 1, 2011),
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 Acting President, the Honorable
Jeffrey V. Kessler.
Prayer was offered by Pastor Matthew J. Watts, Grace Bible
Church, Charleston, West Virginia.
On the call of the roll, the following answered to their
names:
Senators Barnes, Beach, Boley, Browning, Chafin, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger,
Williams, Wills, Yost and Kessler (Acting President).
Thirty-two members having answered to their names, the Acting
President declared the presence of a quorum.
Executive Communications
Senator Kessler (Acting President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was 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, 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.
Senator Unger offered the following resolution:
Senate Resolution No. 101--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 Acting 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 Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the Acting President appointed as members of such
committee the following:
Senators Laird, Klempa and Nohe.
Subsequently, Senator Laird, 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 Hall, Craig and Martin, 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 Unger then offered the following resolution:
Senate Resolution No. 102--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 Acting 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 Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the Acting President appointed as members of such
committee the following:
Senators Miller, Stollings and Hall.
A message from the House of Delegates, by
Delegates Staggers, Walker and Border, 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. 102.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Miller reported that the joint Senate
and House committee had performed the duty assigned to it.
The following communication was reported by the Clerk:
WEST VIRGINIA LEGISLATURE
CHARLESTON
June 29, 2011
The Honorable Darrell E. Holmes
Clerk of the Senate
State Capitol
Charleston, West Virginia
The Honorable Gregory M. Gray
Clerk of the House of Delegates
State Capitol
Charleston, West Virginia
Dear Clerk Holmes and Clerk Gray:
We have appointed the following judges to the Court of Claims:
George Fordham of Clarksburg, West Virginia, to the remaining
two years of the unexpired term of the Legislature's Court of
Claims effective July 1, 2011.
John David Cecil of St. Albans, West Virginia, presiding judge
of the Legislature's Court of Claims effective July 1, 2011.
T. C. McCarthy of Wheeling, West Virginia, for a full six-year
term on the Legislature's Court of Claims effective July 1, 2011.
Sincerely,
Jeffrey V. Kessler,
Acting President, Senate.
Richard Thompson,
Speaker, House of Delegates.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Edgell, consideration of the nominations
immediately hereinbefore reported was made a special order of
business for tomorrow, Tuesday, August 1, 2011, at 11 a.m.
The Senate proceeded to the third order of business.
Executive Communications
Senator Kessler (Acting 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
August 1, 2011
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 Acting Director, Division of Protective Services, Randy Mayhew, Hurricane, Putnam County, to serve at the will and
pleasure of the Governor.
2. For Member, Board of Directors of the West Virginia
United Health System, Inc., Richard Pill, Martinsburg, Berkeley
County, for the term ending October 15, 2012.
3. For Member, Broadband Deployment Council, Jeffrey Forbes,
Vienna, Wood County, for the term ending December 31, 2011.
4. For Member, Health Care Authority, The Honorable Jim
Pitrolo, Charleston, Kanawha County, for the term ending March 12,
2017.
5. For Member, Mine Inspectors' Examining Board, William
Wooten III, Wilkinson, Logan County, for the term ending June 30,
2015.
6. For Member, Mine Inspectors' Examining Board, Charles
Justice, Justice, Mingo County, for the term ending June 30, 2013.
7. For Member, Mine Inspectors' Examining Board, Carl Egnor,
Given, Jackson County, for the term ending June 30, 2015.
8. For Member, Special Reclamation Fund Advisory Council,
Christine Risch, Huntington, Cabell County, for the term ending
June 30, 2012.
9. For Member, Board of Medicine, Dr. Cathy Funk,
Martinsburg, Berkeley County, for the term ending September 30,
2014.
10. For Member, Tourism Commission, Walter Brown,
Martinsburg, Berkeley County, for the term ending May 1, 2015.
11. For Member, Tourism Commission, John Klemish, White
Sulphur Springs, Greenbrier County, for the term ending May 1,
2015.
12. For Member, Tourism Commission, Jeffrey Lusk, Lyburn,
Logan County, for the term ending May 1, 2015.
13. For Member, Council for Educational Opportunity for
Military Children, Major General James Hoyer, Charleston, Kanawha
County, for the term ending June 30, 2015.
14. For Secretary, Department of Veterans' Assistance, Keith
Gwinn, Hurricane, Putnam County, to serve at the will and pleasure
of the Governor.
15. For Member, Parkways Authority, Victor Grigoraci,
Charleston, Kanawha County, for the term ending May 31, 2016.
16. For Member, Medical Imaging and Radiation Therapy
Technology Board of Examiners, Eva Hallis, Charleston, Kanawha
County, for the term ending June 30, 2013.
17. For Member, Medical Imaging and Radiation Therapy
Technology Board of Examiners, Nancy Oughton, Morgantown,
Monongalia County, for the term ending June 30, 2013.
18. For Member, Medical Imaging and Radiation Therapy
Technology Board of Examiners, Tuanya Layton, Charleston, Kanawha County, for the term ending June 30, 2013.
19. For Member, West Liberty University Board of Governors,
George Couch, Wheeling, Ohio County, for the term ending June 30,
2013.
20. For Member, West Liberty University Board of Governors,
Dr. Edward Marks, Wellsburg, Brooke County, for the term ending
June 30, 2012.
21. For Member, Commission for the Deaf and Hard of Hearing,
George Blakely, Springfield, Hampshire County, for the term ending
June 30, 2013.
22. For Member, Commission for the Deaf and Hard of Hearing,
Jamie Mallory, Dunbar, Kanawha County, for the term ending June 30,
2013.
23. For Member, Commission for the Deaf and Hard of Hearing,
Pierre Sevigny, Romney, Hampshire County, for the term ending June
30, 2014.
24. For Member, Commission for the Deaf and Hard of Hearing,
Paul See, Moorefield, Hardy County, for the term ending June 30,
2014.
25. For Member, Board of Dental Examiners, Dr. L. Edward
Eckley, Beckley, Raleigh County, for the term ending June 30, 2016.
26. For Member, Board of Dental Examiners, Dr. George Conard,
Huntington, Cabell County, for the term ending June 30, 2016.
27. For Member, Board of Dental Examiners, Beverly Stevens,
South Charleston, Kanawha County, for the term ending June 30,
2016.
28. For Member, West Virginia University Board of Governors,
Ellen Cappellanti, Charleston, Kanawha County, for the term ending
June 30, 2015.
29. For Member, West Virginia University Board of Governors,
William Nutting, Wheeling, Ohio County, for the term ending June
30, 2015.
30. For Member, West Virginia University Board of Governors,
James Dailey, Martinsburg, Berkeley County, for the term ending
June 30, 2015.
31. For Member, Marshall University Board of Governors,
Phyllis Arnold, Charleston, Kanawha County, for the term ending
June 30, 2015.
32. For Member, Marshall University Board of Governors, David
Haden, Charleston, Kanawha County, for the term ending June 30,
2015.
33. For Member, Fairmont State University Board of Governors,
Frank Washenitz, Fairmont, Marion County, for the term ending June
30, 2015.
34. For Member, Board of Landscape Architects, Michael
Biafore, Fairmont, Marion County, for the term ending June 30, 2012.
35. For Member, Board of Funeral Service Examiners, Ira
Handley, Danville, Boone County, for the term ending June 30, 2015.
36. For Member, West Liberty University Board of Governors,
Ann Thomas, Wheeling, Ohio County, for the term ending June 30,
2015.
37. For Member, Motorcycle Safety Awareness Board, Mike
Adkins, Delbarton, Mingo County, for the term ending June 30, 2013.
38. For Member, Motorcycle Safety Awareness Board, Ray Carey,
Lesage, Cabell County, for the term ending June 30, 2014.
39. For Member, Motorcycle Safety Awareness Board, Linda
Gumm, Elkview, Kanawha County, for the term ending June 30, 2012.
40. For Member, Industrial Council, Edward Kent Hartsog,
Hurricane, Putnam County, for the term ending June 30, 2015.
41. For Member, Kanawha Valley Community and Technical
College Board of Governors, Martha Rader, Charleston, Kanawha
County, for the term ending June 30, 2015.
42. For Member, Blue Ridge Community and Technical College
Board of Governors, Rebecca Linton, Martinsburg, Berkeley County,
for the term ending June 30, 2013.
43. For Member, Shepherd University Board of Governors, W.
Mark Rudolph, Winchester, Virginia, for the term ending June 30,
2015.
44. For Member, Shepherd University Board of Governors, Holly
McCall, Shepherdstown, Jefferson County, for the term ending June
30, 2015.
45. For Member, Bluefield State College Board of Governors,
Larry Ratliff, Cedar Bluff, Virginia, for the term ending June 30,
2015.
46. For Member, West Virginia State University Board of
Governors, The Honorable Larry L. Rowe, Charleston, Kanawha County,
for the term ending June 30, 2015.
47. For Member, West Virginia State University Board of
Governors, William Lipscomb, Institute, Kanawha County, for the
term ending June 30, 2015.
48. For Member, West Virginia State University Board of
Governors, Dr. Ann Brothers Smith, Detroit, Michigan, for the term
ending June 30, 2013.
49. For Member, Parole Board, Steve Svokas, Weirton, Hancock
County, for the term ending June 30, 2017.
50. For Member, Parole Board, Crystal Lynn Love, Oak Hill,
Fayette County, for the term ending June 30, 2017.
51. For Member, Fire Commission, Thomas Keefer, Winfield,
Putnam County, for the term ending June 30, 2016.
52. For Member, Fire Commission, Gary Bonnett, Rock Cave,
Upshur County, for the term ending June 30, 2016.
53. For Member, Driver's License Advisory Board, Dr. J. Keith
Wade, Fairmont, Marion County, for the term ending June 30, 2013.
54. For Member, Driver's License Advisory Board, Dr. Charles
Vance, Midkiff, Lincoln County, for the term ending June 30, 2013.
55. For Member, Driver's License Advisory Board, Dr. Joe
LoCascio, Huntington, Cabell County, for the term ending June 30,
2013.
56. For Member, Driver's License Advisory Board, Dr. John
Brick, Morgantown, Monongalia County, for the term ending June 30,
2013.
57. For Member, Consolidated Public Retirement Board, Joseph
Bunn, Charleston, Kanawha County, for the term ending June 30,
2012.
58. For Acting Commissioner, Insurance Commission, Mike
Riley, Charleston, Kanawha County, to serve at the will and
pleasure of the Governor.
59. For Member, Workforce Investment Council, Jim O'Connor,
Belle, Kanawha County, for the term ending June 30, 2012.
60. For Member, Motor Vehicle Dealers Advisory Board, Kelly
Smith, Charleston, Kanawha County, for the term ending June 30,
2013.
61. For Member, Motor Vehicle Dealers Advisory Board, Polly
Diller, Charleston, Kanawha County, for the term ending June 30, 2013.
62. For Member, Motor Vehicle Dealers Advisory Board, Larry
Myers, Bridgeport, Harrison County, for the term ending June 30,
2014.
63. For Member, Motor Vehicle Dealers Advisory Board, James
Williams, Martinsburg, Berkeley County, for the term ending June
30, 2014.
64. For Member, Motor Vehicle Dealers Advisory Board, Michael
Ratz, Logan, Logan County, for the term ending June 30, 2014.
65. For Member, Motor Vehicle Dealers Advisory Board,
Margaret Wills, Fairmont, Marion County, for the term ending June
30, 2013.
66. For Member, Motor Vehicle Dealers Advisory Board, Michael
Keener, Hurricane, Putnam County, for the term ending June 30,
2013.
67. For Member, Public Employees Insurance Agency Finance
Board, Elaine Harris, St. Albans, Kanawha County, for the term
ending June 30, 2015.
68. For Acting Executive Director, Human Rights Commission,
Phyllis Carter, Institute, Kanawha County, to serve at the will and
pleasure of the Governor.
69. For Member, Higher Education Policy Commission, Jenny
Allen, Shepherdstown, Jefferson County, for the term ending June 30, 2015.
70. For Member, Higher Education Policy Commission, Kathy
Eddy, Parkersburg, Wood 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,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee
on Confirmations and incorporated with the legislative nominations
received earlier; all to be considered as a special order of
business for tomorrow, Tuesday, August 1, 2011, at 11 a.m.
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 Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 1001--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.
Referred to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 1002--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.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 1003--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.
Referred to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 1004--A Bill making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue, to the Department of Agriculture, fund
0131, fiscal year 2012, organization 1400, to the Department of
Education, State Department of Education, fund 0313, fiscal year
2012, organization 0402, to the Department of Education and the
Arts, Department of Education and the Arts - Office of the
Secretary, fund 0294, fiscal year 2012, organization 0431, to the
Department of Environmental Protection, Division of Environmental
Protection, fund 0273, fiscal year 2012, organization 0313, to the
Department of Health and Human Resources, Division of Health -
Central Office, fund 0407, fiscal year 2012, organization 0506, to
the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2012, organization 0506, to
the Department of Health and Human Resources, Division of Human
Services, fund 0403, fiscal year 2012, organization 0511, and to
the Department of Military Affairs and Public Safety, West Virginia
State Police, fund 0453, fiscal year 2012, organization 0612, by
supplementing and amending the appropriations for the fiscal year
ending June 30, 2012.
Referred to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 1005--A Bill supplementing, amending and
increasing items of the existing appropriations from the State Road
Fund to the Department of Transportation - Division of Highways,
fund 9017, fiscal year 2012, organization 0803, for the fiscal year
ending June 30, 2012.
Referred to the Committee on Finance.
At the request of Senator Unger, unanimous consent being
granted, Senator Unger offered the following resolution from the
floor:
Senate Resolution No. 103--Creating a Senate Select Committee
on Redistricting for the eightieth Legislature.
Resolved by the Senate:
That for a period of time not to exceed the term of the eightieth Legislature there is hereby created a Senate Select
Committee on Redistricting. This committee shall consist of
seventeen members appointed by the Presiding Officer.
Notwithstanding the provisions of any Senate rule to the contrary,
this committee shall have jurisdiction of legislative proposals to
arrange senatorial and delegate districts, to divide and alter the
State into senatorial districts for the election of senators, to
apportion delegate representation in the House of Delegates for the
election of delegates, to divide the State into districts for the
election of representatives to the Congress and related matters.
The rules of the Senate governing standing committees shall govern
the actions and proceedings of this committee insofar as
applicable.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
In accordance with Senate Resolution No. 103
(Creating Senate
Select Committee on Redistricting), Senator Kessler (Acting
President) appointed the following members of the select committee:
Senators Unger
(Chair), Stollings
(Vice Chair), Browning,
Edgell, D. Facemire, Fanning, Foster, Klempa, Laird, Miller,
Palumbo, Plymale, Prezioso, Williams, Barnes, Boley and Hall.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator McCabe.
Thereafter, at the request of Senator Foster, and by unanimous
consent, the remarks by Senator McCabe were ordered printed in the
Appendix to the Journal.
Pending announcement of meetings of standing and select
committees of the Senate, including a minority party caucus,
On motion of Senator Unger, the Senate recessed until 6 p.m.
today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
Executive Communications
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
August 1, 2011
Senate Executive Message No. 2
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Acting President:
The following replaces the "General Revenue Fund - Statement of Revenues, Expenditures and Changes in
Cash Balance" which I submitted to you on January 12, 2011 as part of my recommended Budget for the fiscal year
ending June 30, 2012.
General Revenue Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
Actual Beginning Cash Balance July 1, 2011$ 792,926,842
Less:31 Day Disbursements (July 1, 2011 - July 31, 2011) (28,580,912 )
Accumulated Prior Year Reimbursements (July 1, 2011 - July 31, 2011) 14,673
Prior Year Appropriations Forwarded
________ (425,551,354__)
Accumulated Surplus from FY 2011 @ July 31, 2011$ 338,809,249
Less:Transfer one-half to Revenue Shortfall Reserve Fund (Statutory) (169,404,625 )
Less:Surplus Appropriations
(FY 2012 Budget Bill HB 2012 - 2011 Regular Session) (45,081,990)
Plus:Accumulated Prior Year Reimbursements (August 1, 2011 - August 1, 2011) 0
Less: Recommended Surplus Supplemental Appropriations
(2011 1
st Extraordinary Session)
( 33,003,108)
Estimated Unappropriated Surplus Balance @ June 30, 2012
$ 91,319,526
Plus:Revenue Estimate FY 2012$ 4,015,621,000
Less:Regular Appropriations FY 2012
________ (4,001,532,057__)
Estimated Unappropriated Balance from FY 2012 @ June 30, 2012
$ 14,088,943
Total Estimated Unappropriated Balance @ June 30, 2012
$105,408,469
The following replaces the "State Road Fund - Statement of Revenues, Expenditures and Changes in Cash
Balance" which I submitted to you on January 12, 2011 as part of my recommended Budget for the fiscal year ending
June 30, 2012.
State Road Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
Balance July 1, 2011$ 125,892,797
Plus: Revenue Estimate FY 2012
1,151,591,998
Available for FY 2012 Appropriations $ 1,277,484,795
Less:Regular Appropriations FY 2012 - Division of Highways (1,126,224,821 )
Regular Appropriations FY 2012 - Division of Motor Vehicles (40,578,725)
Regular Appropriations FY 2012 - Office of Administrative Hearings (1,951,979)
Claims Against the State Road Fund (2,390,821)
Less:Recommended FY 2012 Supplemental Appropriations
(2011 1
st Extraordinary Session):
(62,500,000)
Estimated Unappropriated Balance @ June 30, 2012
$43,838,449
Thank you for your cooperation in this matter.
Sincerely,
Earl Ray Tomblin,
Governor.
In compliance with Article VI, Section 51 of the Constitution,
the Senate consented to receive the foregoing amendments to the
Budget Bill, which were referred to the Committee on Finance.
The Senate proceeded to the fifth order of business.
Senator Unger, from the Select Committee on Redistricting,
submitted the following report, which was received:
Your Select Committee on Redistricting has had under
consideration
Senate Bill No. 1006 (originating in the Select Committee on Redistricting)--A Bill to amend and reenact §1-2-1 and §1-2-2b of
the Code of West Virginia, 1931, as amended, all relating to
dividing and altering the state into senatorial districts; defining
terms; setting forth legislative findings; providing for senatorial
districts; and requiring incidental precinct boundary changes.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (S. B. No. 1006) contained in the preceding
report from the Select Committee on Redistricting was taken up for
immediate consideration, read a first time and ordered to second
reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Tuesday, August 2, 2011, at 11 a.m.
____________
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