hdj2009-06-15-01
__________*__________
Monday, June 15, 2009
FIRST DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
Pursuant to the Proclamation of His Excellency, the Governor, issued on the twelfth day of
June, 2009, and hereinafter set forth, convening the Legislature in Extraordinary Session on the
fifteenth day of June, 2009, the House of Delegates assembled in its Chamber in the Capitol Building
in the City of Charleston, and at 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 roll being called (Roll No. 580), and 88 members having answered to their names, the
Speaker declared the presence of a quorum.
Messages from the Executive
The Speaker laid before the House of Delegates 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, 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 June, two thousand nine, in its chambers in the State Capitol, City of Charleston, for
the sole purpose of considering and acting upon the following matters:
FIRST: Legislation to authorize and appropriate the expenditure of public moneys to pay
the expenses of this extraordinary session.
SECOND: A supplemental appropriation bill to fund 0596, fiscal year 2009, organization
0420, of the Higher Education account.
THIRD: A supplemental appropriation bill to fund 0586, fiscal year 2009, organization
0442, of the Higher Education account.
FOURTH: A supplemental appropriation bill to fund 4925, fiscal year 2009, organization
0441, of the Higher Education Policy Commission account.
FIFTH: A supplemental appropriation bill to fund 3517, fiscal year 2010, organization
0402, of the State Department of Education account.
SIXTH: A supplemental appropriation bill to fund 3951, fiscal year 2009, organization
0402, of the State Department of Education account.
SEVENTH: A supplemental appropriation bill to fund 0450, fiscal year 2009, organization
0608, of the State Department of Military Affairs and Public Safety account.
EIGHTH: A supplemental appropriation bill to fund 0403, fiscal year 2009, organization
0511, of the State Department of Health and Human Resources account.
NINTH: A supplemental appropriation bill to fund 0407, fiscal year 2009, organization
0506, of the Department of Health and Human Resources.
TENTH: A supplemental appropriation bill to fund 0126, fiscal year 2009, organization
1300, of the Treasurer's Office account.
ELEVENTH: A supplemental appropriation bill to fund 0293, fiscal year 2009,
organization 0432, of the Department of Education and the Arts account.
TWELFTH: A supplemental appropriation bill to fund 0105, fiscal year 2009, organization
0100, of the Governor's Office account.
THIRTEENTH: A supplemental appropriation bill to fund 0155, fiscal year 2009,
organization 1600, of the Secretary of State account.
FOURTEENTH: A supplemental appropriation bill to fund 0256, fiscal year 2009,
organization 0307, of the Department of Commerce account.
FIFTEENTH: A supplemental appropriation bill to fund 0273, fiscal year 2009,
organization 0313, of the Department of Environmental Protection account.
SIXTEENTH: A supplemental appropriation bill to fund 9017, fiscal year 2009,
organization 0803, of the Department of Transportation account.
SEVENTEENTH: A supplemental appropriation bill to fund 0186, fiscal year 2009,
organization 0201, of the Department of Administration account.
EIGHTEENTH: A supplemental appropriation bill to fund 0310, fiscal year 2010, organization 0932, of the Department of Education and the Arts account.
NINETEENTH: A supplemental appropriation bill to fund 4908, fiscal year 2009,
organization 0442, of the Community and Technical College 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 twelfth day of June, in the year
of our Lord, Two Thousand Nine, and in the One
Hundred Forty-Sixth year of the State.
JOE MANCHIN, III
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 Smith, Manypenny and Shott.
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 Ferro, Skaff and Andes.
Delegate Smith, 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 Ferro, 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 messages from the Senate, by
Senators Prezioso, White and Guills, 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.
Messages from the Executive
Mr. Speaker, Mr. Thompson, laid before the House a communication from His Excellency,
the Governor, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, WV
June 15, 2009
EXECUTIVE MESSAGE NO. 1
2009 SECOND EXTRAORDINARY SESSION
The Honorable Richard Thompson
West Virginia House of Delegates
Building 1, Room M-228
Charleston, West Virginia 25305
Dear Speaker Thompson:
The following amends and replaces the "General Revenue Fund - Statement of Revenues,
Expenditures, and Changes in Cash Balance" which I submitted to you on February 11, 2009 as part
of my Budget Document for the fiscal year ending June 30, 2010.
General Revenue Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
Actual Cash Balance July 1, 2008
$550,403,269
Less:
31 Day Disbursements (July 1, 2008 - July 31, 2008)( 105,527,291)
Accumulated Prior Year Reimbursements (July 1, 2008 - July 31, 2008)27,820
Prior Year Appropriations Forwarded
( 409,626,269)
Accumulated Surplus from FY 2008 @ July 31, 2008
$35,277,529
Less:
Transfer one-half to Revenue Shortfall Reserve Fund (Statutory)( 17,638,764)
Plus:
Accumulated Prior Year Reimbursements (August 1, 2008 - June 11, 2009)304,344
Plus:
Transfer from Rainy Day Fund (2009 1st Special Session) SB101426,500,000
Less:
Surplus Supplemental Appropriations (2009 1st Special Session) SB1014( 26,500,000)
Recommended Surplus Supplemental Appropriations (2009 2
nd Special Session)
( 15,330,000)
Estimated Unappropriated Surplus Balance from FY 2008 @ June 30, 2009
$2,613,109
Plus:
Revenue Estimate FY 2009$3,902,733,000
Less:
Regular Appropriations FY 2009( 3,898,995,854)
Estimated Unappropriated Balance from FY 2009 @ June 30, 2009
$3,737,146
Plus:
Revenue Estimate FY 2010$3,788,000,000
Less:
Regular Appropriations FY 2010( 3,785,976,953)
Estimated Unappropriated Balance from FY 2010 @ June 30, 2010
$2,023,047
Estimated Cash (Unappropriated) Balance @ June 30, 2010
$8,373,302
The following amends and replaces the "Lottery Fund - Statement of Revenues, Expenditures, and Changes in
Cash Balance" which I submitted to you on February 11, 2009 as part of my Budget Document for the fiscal year ending
June 30, 2010.
Lottery Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
Surplus Balance @ July 1, 2008
$41,929,413
Less:
Reserve for Cash Flow / Contingencies( 40,000,000)
Unappropriated Surplus Balance from FY 2008 @ June 15, 2009
1,929,413
Plus:
Revenue Estimate FY 2009170,900,000
Less:
Veterans Fund( 800,000)
Revenue Available for FY 2009 Appropriations
172,029,413
Less:
Regular Appropriations FY 2009( 168,154,512)
Less:
Recommended Supplemental Appropriations (2009 2nd Special Session):
Public Education - GED Testing
( 75,000)
Public Education - Tax Assessment Errors
( 170,295)
Public Education - Student Enrichment Program
( 1,200,000)
Higher Education - Unclassified (College Awareness / Outreach / Recruitment)
( 2,000,000)
Higher Education - Alzheimer's Registry
( 150,000)
Higher Education - Glenville State College (Correctional Program)
( 250,000)
Estimated Unappropriated Balance from FY 2009 @ June 30, 2009
$29,606
Plus:
Revenue Estimate FY 2010166,812,000
Less:
Veterans Fund( 800,000)
Revenue Available for FY 2010 Appropriations
166,012,000
Less:
Regular Appropriations FY 2010( 166,010,000)
Estimated Unappropriated Balance from FY 2010 @ June 30, 2010
$2,000
Estimated Unappropriated Balance @ June 30, 2010
$31,606
The following amends and replaces the "Excess Lottery Fund - Statement of Revenues, Expenditures, and
Changes in Cash Balance" which I submitted to you on March 19, 2009 for the fiscal year ending June 30, 2010.
Excess Lottery Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
Surplus Balance @ July 1, 2008
$123,022,202
Less:
Reserve for Cash Flow / Contingencies( 2,900,000)
Less:
Surplus Supplemental Appropriation (2009 1st Special Session) SB1015( 21,000,000)
Unappropriated Surplus Balance from FY 2008 @ June 15, 2009
99,122,202
Plus:
Revenue Estimate FY 2009360,700,000
Less:
Catastrophic Event( 30,000,000)
Revenue Available for FY 2009 Appropriations
429,822,202
Less:Regular Appropriations FY 2009
( 330,700,000)
Estimated Unappropriated Balance from FY 2009 @ June 30, 2009
$99,122,202
Plus:Revenue Estimate FY 2010342,118,000
Less:Catastrophic Event( 29,179,157)
Less:Additional Reserve for Cash Flow( 820,843)
Revenue Available for FY 2010 Appropriations312,118,000
Less:Regular Appropriations FY 2010( 307,118,000)
Less:Recommended Supplemental Appropriation (2009 2nd Special Session):
Public Education - Student Enrichment Program( 5,000,000)
Estimated Unappropriated Balance from FY 2010 @ June 30, 2010q$0
Estimated Unappropriated Balance @ June 30, 2010$99,122,202
Thank you for your cooperation in this matter.
Sincerely,
Joe Manchin, III
Governor.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 201 - "A Bill making a supplementary appropriation of Lottery Net Profits from the
balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the State
Department of Education, fund 3951, fiscal year 2009, organization 0402, to the Community and
Technical College Capital Improvement Fund, fund 4908, fiscal year 2009, organization 0442, and
to the Higher Education Policy Commission - Lottery Education - Higher Education Policy
Commission - Control Account, fund 4925, fiscal year 2009, organization 0441, by supplementing
and amending the appropriations for the fiscal year ending June 30, 2009"; to the Committee on
Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 202 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund,
General Revenue, to the Department of Administration - Office of the Secretary, fund 0186, fiscal
year 2009, organization 0201, by supplementing and amending the appropriations for the fiscal year
ending June 30, 2009"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 203 - "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 Governor's Office - Civil Contingent Fund, fund 0105, fiscal year
2009, organization 0100, to the Treasurer's Office, fund 0126, fiscal year 2009, organization 1300,
to the Secretary of State, fund 0155, fiscal year 2009, organization 1600, to the Department of
Commerce - West Virginia Development Office, fund 0256, fiscal year 2009, organization 0307, to
the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year
2009, organization 0432, to the Department of Environmental Protection - Division of
Environmental Protection, fund 0273, fiscal year 2009, organization 0313, to the Department of
Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2009,
organization 0506, to the Department of Health and Human Resources - Division of Human
Services, fund 0403, fiscal year 2009, organization 0511, to the Department of Military Affairs and
Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2009,
organization 0608, to the West Virginia Council for Community and Technical College Education -
Control Account, fund 0596, fiscal year 2009, organization 0420, and to the Higher Education Policy
Commission - System - Control Account, fund 0586, fiscal year 2009, organization 0442, by
supplementing and amending the appropriations for the fiscal year ending June 30, 2009"; to the
Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 204 - "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 2009, organization 0803, for the fiscal year ending June 30, 2009";
to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 205 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund,
General Revenue, to the Department of Education and the Arts - State Board of Rehabilitation -
Division of Rehabilitation Services, fund 0310, fiscal year 2010, organization 0932, by
supplementing and amending the appropriations for the fiscal year ending June 30, 2010"; to the
Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 206 - "A Bill making a supplementary appropriation from the State Fund, State Excess
Lottery Revenue Fund, to the State Department of Education, fund 3517, fiscal year 2010,
organization 0402, by supplementing and amending the appropriations for the fiscal year ending June
30, 2010"; to the Committee on Finance.
At 12:14 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:00 p.m.,
and reconvened at that time.
* * * * * * *
Evening Session
* * * * * * *
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate
to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 2001 - "A Bill making a supplementary appropriation of Lottery Net Profits from the
balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the State
Department of Education, fund 3951, fiscal year 2009, organization 0402, to the Community and
Technical College Capital Improvement Fund, fund 4908, fiscal year 2009, organization 0442, and
to the Higher Education Policy Commission - Lottery Education - Higher Education Policy
Commission - Control Account, fund 4925, fiscal year 2009, organization 0441, by supplementing
and amending the appropriations for the fiscal year ending June 30, 2009.
S. B. 2002 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund,
General Revenue, to the Department of Administration - Office of the Secretary, fund 0186, fiscal
year 2009, organization 0201, by supplementing and amending the appropriations for the fiscal year
ending June 30, 2009.
S. B. 2003 - "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 Governor's Office - Civil Contingent Fund, fund 0105, fiscal year
2009, organization 0100, to the Treasurer's Office, fund 0126, fiscal year 2009, organization 1300,
to the Secretary of State, fund 0155, fiscal year 2009, organization 1600, to the Department of
Commerce - West Virginia Development Office, fund 0256, fiscal year 2009, organization 0307, to
the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year 2009, organization 0432, to the Department of Environmental Protection - Division of
Environmental Protection, fund 0273, fiscal year 2009, organization 0313, to the Department of
Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2009,
organization 0506, to the Department of Health and Human Resources - Division of Human
Services, fund 0403, fiscal year 2009, organization 0511, to the Department of Military Affairs and
Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2009,
organization 0608, to the West Virginia Council for Community and Technical College Education -
Control Account, fund 0596, fiscal year 2009, organization 0420, and to the Higher Education Policy
Commission - System - Control Account, fund 0586, fiscal year 2009, organization 0442, by
supplementing and amending the appropriations for the fiscal year ending June 30, 2009.
S. B. 2004 - "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 2009, organization 0803, for the fiscal year ending June 30, 2009.
S. B. 2005 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund,
General Revenue, to the Department of Education and the Arts - State Board of Rehabilitation -
Division of Rehabilitation Services, fund 0310, fiscal year 2010, organization 0932, by
supplementing and amending the appropriations for the fiscal year ending June 30, 2010.
And,
S. B. 2006 - "A Bill making a supplementary appropriation from the State Fund, State Excess
Lottery Revenue Fund, to the State Department of Education, fund 3517, fiscal year 2010,
organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2010.
On motion of Delegate Boggs, and by unanimous consent, reference of the bills (S. B. 2001,
S. B. 2002, S. B. 2003, S. B. 2004, S. B. 2005 and S. B. 2006) to a committee was dispensed with,
and they were each taken up for immediate consideration, read a first time and ordered to second
reading.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Cann, Ennis, Hatfield, Hutchins, Ireland, McGeehan, Miley, Phillips, Shook,
Tabb, Walker and Webster.
At 6:05 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, June 16, 2009.
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