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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2010
FIRST DAY
____________
Charleston, W. Va.,
Thursday, July 15, 2010
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the fifteenth day of July, two
thousand ten, convening the seventy-ninth Legislature of West
Virginia in extraordinary session today (Thursday, July 15, 2010),
under the provisions of section seven, article seven of the
Constitution of West Virginia, the Senate assembled in its chamber
in the state capitol in the City of Charleston at 12 o'clock Noon,
and was called to order by its President, the Honorable Earl Ray
Tomblin.
Prayer was offered by the Honorable Mike Hall, a senator from
the fourth district.
Executive Communications
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
May 19, 2010
The Honorable Natalie E. Tennant
Secretary of State
Charleston, West Virginia
Dear Secretary Tennant:
Pursuant to the provisions of W. Va. Code §3-10-5, I have this
day appointed John H. Shott, 422 Oakhurst Avenue, Bluefield, Mercer
County, West Virginia, 24701, as a Senator representing the Tenth
District of the Senate, to fill the vacancy created by the death of
The Honorable Don Caruth, from this day until the election and
qualification of a successor during the general election in
November.
Sincerely,
Joe Manchin III,
Governor.
cc:The Honorable Earl Ray Tomblin
John H. Shott, of the County of Mercer, previously qualified
by taking the several oaths of office prescribed by law and
administered by the Honorable Earl Ray Tomblin, Senate President.
On the call of the roll, the following answered to their
names:
Senators Barnes, Boley, Bowman, Browning, Chafin, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells,
White, Williams, Yost and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
The following communication was reported by the Clerk:
THE SENATE OF WEST VIRGINIA
OFFICE OF THE PRESIDENT
CHARLESTON
June 7, 2010
The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
On this day, June 7, 2010, I hereby appoint Senator Mike Hall
as Minority Leader of the West Virginia State Senate.
If you have any question regarding this matter, please contact
my office.
Sincerely,
Earl Ray Tomblin,
Senate President - Lt. Governor.
Senator Tomblin (Mr. President) announced the appointment of
Senator Shott to the Committees on Economic Development, Government
Organization, Interstate Cooperation and the Judiciary and Senator Hall to the Committee on Rules.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamations from His Excellency, the Governor,
convening the Legislature in extraordinary session, which were read
by the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority vested in me by Section 7, Article VII of
the Constitution of West Virginia, do hereby call the Legislature
of West Virginia to convene in Extraordinary Session at twelve
o'clock noon on the fifteenth day of July, two thousand ten, in its
chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:
FIRST: Legislation relating to vacancies in the office of
United States Senator; requiring the State to pay costs incurred in
connection with a special election to fill the unexpired term of a
United States Senator; authorizing the Governor to fill vacancies
in the United States Senate by appointment; specifying when an
election is required to fill the unexpired term of a United States Senator; setting forth procedures for the nomination of candidates
for an election to fill the unexpired term of a United States
Senator; specifying requirements for a proclamation of election to
fill the unexpired term of a United States Senator; providing that
the Secretary of State may modify dates, deadlines, or procedures
where necessary to conduct an election to fill the unexpired term
of a United States Senator; and providing that the legislation is
effective for any vacancy in the United States Senate occurring on
or after June 1, 2010.
SECOND: Legislation to authorize and appropriate the
expenditure of public moneys to pay the expenses of this
extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, this the fifteenth day
of July, in the year of our Lord,
Two Thousand Ten, and in the One
Hundred Forty-Eighth year of the
State.
JOE MANCHIN III,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority conferred upon me by Section 7, Article VII
of the Constitution of West Virginia, do hereby state and proclaim
that the Legislature, in the Extraordinary Session commencing the
fifteenth day of July, two thousand ten, in its chambers in the
State Capitol, City of Charleston, consider, in addition to the
items of business stated and proclaimed in my proclamation of the
fifteenth day of July, two thousand ten, the following additional
item of business:
THIRD: A supplemental appropriation bill to fund 0155, fiscal
year 2011, organization 1600, of the Secretary of State account.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, this the fifteenth day
of July, in the year of our Lord, Two Thousand Ten, and in the One
Hundred Forty-Eighth year of the
State.
JOE MANCHIN III,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 201--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators White, Bowman and Guills.
Subsequently, Senator White, from the committee to notify the
House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Beach, Klempa and Anderson, announced that the House
of Delegates has assembled in extraordinary session, with a quorum
present, and is ready to proceed with the business stated in the
proclamation convening the Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 202--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Minard, Prezioso and K. Facemyer.
A message from the House of Delegates, by
Delegates Staggers, D. Walker and Evans, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 202.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Minard reported that the joint Senate
and House committee had performed the duty assigned to it.
Pending announcement of a majority party caucus,
On motion of Senator Chafin, the Senate recessed until 2 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the third order of business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
July 15, 2010
Senate Executive Message No. 1
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1.For Secretary, Department of Military Affairs and Public
Safety, Joseph Thornton, Culloden, Putnam County, to serve at the
will and pleasure of the Governor.
2.For Member, Board of Physical Therapy, D. C. Offutt, Jr.,
Barboursville, Cabell County, for the term ending June 30, 2014.
3.For Member, Board of Occupational Therapy, Bambi Hill,
Beckley, Raleigh County, for the term ending December 31, 2011.
4.For Member, Municipal Pensions Oversight Board, John Kee,
Charleston, Kanawha County, for the term ending June 30, 2014.
5.For Member, Fire Commission, Michael Butcher,
Parkersburg, Wood County, for the term ending June 30, 2012.
6.For Member, Fire Commission, Grant Gunnoe, Winfield,
Putnam County, for the term ending June 30, 2014.
7.For Member, Ethics Commission, Douglas Sutton,
Mannington, Marion County, for the term ending June 30, 2011.
8.For Member, Forest Review Management Commission, The Honorable Thomas Hawse III, Moorefield, Hardy County, for the term
ending March 14, 2013.
9.For Member, Fire Commission, Rick Scott, Clarksburg,
Harrison County, for the term ending June 30, 2015.
10.For Member, Public Service Commission, Ryan Palmer,
Charleston, Kanawha County, for the term ending June 30, 2015.
11.For Member, West Virginia School of Osteopathic Medicine
Board of Governors, Dr. Randall Short, Chapmanville, Logan County,
for the term ending June 30, 2014.
12.For Member, West Virginia School of Osteopathic Medicine
Board of Governors, Dr. Rodney Fink, Daniels, Raleigh County, for
the term ending June 30, 2014.
13.For Member, Board of Osteopathy, Dr. Joseph Schreiber,
Weirton, Hancock County, for the term ending June 30, 2013.
14.For Member, Parole Board, Mike McCarthy, Huntington,
Cabell County, for the term ending June 30, 2016.
15.For Member, West Virginia University Board of Governors,
Carolyn Long, Little Birch, Braxton County, for the term ending
June 30, 2014.
16.For Member, West Virginia University Board of Governors,
Andrew Payne III, Charleston, Kanawha County, for the term ending
June 30, 2014.
17.For Member, West Virginia University Board of Governors,
Thomas Flaherty, Charleston, Kanawha County, for the term ending June 30, 2014.
18.For Member, Parkways Authority, Tom Mainella, Fairmont,
Marion County, for the term ending June 30, 2015.
19.For Commissioner, Tax Division, Craig Griffith,
Charleston, Kanawha County, to serve at the will and pleasure of
the Governor.
20. For Member, Fairmont State University Board of
Governors, Shirley Stanton, Fairmont, Marion County, for the term
ending June 30, 2014.
21.For Member, Nursing Home Administrators Licensing Board,
Ronald LaNeve, Elkins, Randolph County, for the term ending June
30, 2015.
22.For Member, Nursing Home Administrators Licensing Board,
Kay Cottrill, Clarksburg, Harrison County, for the term ending June
30, 2015.
23.For Member, Nursing Home Administrators Licensing Board,
Matthew Keefer, Hurricane, Putnam County, for the term ending June
30, 2012.
24.For Member, Nursing Home Administrators Licensing Board,
Roger Topping, Princeton, Mercer County, for the term ending June
30, 2014.
25.For Member, Nursing Home Administrators Licensing Board,
Tammy Jo Painter, Charleston, Kanawha County, for the term ending
June 30, 2013.
26.For Member, Nursing Home Administrators Licensing Board,
Joan Armbruster, Davis, Tucker County, for the term ending June 30,
2014.
27.For Member, Glenville State College Board of Governors,
Sue Morris, Glenville, Gilmer County, for the term ending June 30,
2012.
28.For Member, Glenville State College Board of Governors,
Bill Hanlin, St. Marys, Ritchie County, for the term ending June
30, 2011.
29.For Member, Glenville State College Board of Governors,
Jerry Milliken, Spencer, Roane County, for the term ending June 30,
2013.
30.For Member, Glenville State College Board of Governors,
Greg Smith, Glenville, Gilmer County, for the term ending June 30,
2014.
31.For Member, Glenville State College Board of Governors,
Richard Heffelfinger, Charleston, Kanawha County, for the term
ending June 30, 2011.
32.For Member, Glenville State College Board of Governors,
Paul Fulks, Bridgeport, Harrison County, for the term ending June
30, 2013.
33.For Member, Glenville State College Board of Governors,
Tim Butcher, Glenville, Gilmer County, for the term ending June 30,
2013.
34.For Member, Glenville State College Board of Governors,
Stan Pickens, Clarksburg, Harrison County, for the term ending June
30, 2014.
35.For Member, West Virginia University Board of Governors,
The Honorable James Robert Rogers, Ponte Vedra Beach, Florida, for
the term ending June 30, 2012.
36.For Member, Investment Management Board of Trustees,
Steve Antoline, Mount Lookout, Nicholas County, for the term ending
January 31, 2015.
37.For Member, Water Development Board, Michael Jones,
Farmington, Marion County, for the term ending June 30, 2015.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Stollings, consideration of the
nominations immediately hereinbefore reported was made a special
order of business under unfinished business for tomorrow, Friday,
July 16, 2010.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Tomblin (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 2001--A Bill to amend and reenact §3-1-44 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§3-10-1 and §3-10-3 of said code; and to amend said code by adding
thereto a new section, designated §3-10-4a, all relating to
vacancies in the office of United States Senator; requiring the
state to pay costs incurred in connection with a special election
to fill a vacancy in the office of United States Senator; making
technical amendments; clarifying the procedure for filling
vacancies in the office of United States Senator; providing that
any vacancy occurring in the office of United States Senator is
filled by the Governor by appointment; specifying when an election
is required to fill the unexpired term of a United States Senator;
setting forth procedures for the nomination of candidates for an
election to fill the unexpired term of a United States Senator;
requiring a special primary election for the nomination of
political party candidates under certain circumstances; setting
forth requirements for a Governor's proclamation; providing that
the Secretary of State may modify dates, deadlines or procedures in
connection with an election to fill a vacancy in the office of United States Senator; and providing an effective date.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 2002--A Bill supplementing and amending
Chapter 8, Acts of the Legislature, Regular Session, 2010, known as
the Budget Bill, by supplementing and amending the appropriation
for the fiscal year ending June 30, 2011.
Referred to the Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator Prezioso presented a petition from Robert Brown and
numerous West Virginia residents, requesting paving of County
Routes 44 and 46/2.
Referred to the Committee on Transportation and
Infrastructure.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, July 16, 2010, at 11 a.m.
____________
SENATE CALENDAR
Friday, July 16, 2010
11:00 A.M.
UNFINISHED BUSINESS
________
SPECIAL ORDER OF BUSINESS
Consideration of executive nominations
_________
HISTORY OF BILLS AND RESOLUTIONS
CONSIDERED BY SENATE
Includes actions as of July 15, 2010
(This symbol * indicates Committee Substitutes.)
ALL SENATE BILLS INTRODUCED
(This digest embraces the complete bill list submitted.
If passed, all effective ninety days from passage unless otherwise indicated.)
2001.By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Filling of vacancies
in office of U. S. Senator - Introduced 07/15/10 - To Judiciary - To Judiciary 07/15/10
2002.By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Creating new item
of appropriation to Secretary of State for special election - Introduced 07/15/10 - To Finance
- To Finance 07/15/10
ALL SENATE RESOLUTIONS OFFERED
201.
By Sen. Chafin - Raising committee to notify House of Delegates Senate has assembled -
Introduced 07/15/10 - Adopted 07/15/10
202.
By Sen. Chafin - Raising committee to notify Governor Legislature has assembled -
Introduced 07/15/10 - Adopted 07/15/10
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