WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2014

FIRST DAY

____________

Charleston, W. Va., Monday, May 19, 2014

Pursuant to the proclamation of His Excellency, the Governor, the Honorable Earl Ray Tomblin, dated the nineteenth day of May, two thousand fourteen, convening the eighty-first Legislature of West Virginia in extraordinary session today (Monday, May 19, 2014), 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 Jeffrey V. Kessler.

Prayer was offered by the Honorable Ronald F. Miller, a senator from the tenth district, and Pastor, Shuck Memorial Baptist Church, Lewisburg, West Virginia, and West Point Baptist Church, Asbury, West Virginia.

On the call of the roll, the following answered to their names:

Senators Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President).

Thirty-two members having answered to their names, the President declared the presence of a quorum.

Executive Communications

Senator Kessler (Mr. 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 West Virginia Legislature to convene in Extraordinary Session at noon on the nineteenth day of May, Two Thousand Fourteen, in its chambers in the State Capitol, City of Charleston, for the limited purpose of considering and acting upon the following matters:

FIRST: A supplemental appropriation bill appropriating monies from the State Fund, State Excess Lottery Revenue Fund, and supplementing and amending Chapter 13, Acts of the Legislature, Regular Session, 2014, known as the Budget Bill, by amending and replacing Title II, section five, to supplement and amend the appropriations for the Fiscal Year ending June 30, 2015, according to the provisions of HB 101, First Extraordinary Session, 2014, by reducing the appropriation to the West Virginia Infrastructure Council, fund 3390, Fiscal Year 2015, organization 0316, adding a new fund to distribute Excess Lottery Revenue previously not appropriated, and making an appropriation to the Division of Human Services for Medical Services, fund 5365, Fiscal Year 2015, organization 0511;

SECOND: A bill amending an Act contained in Chapter 124, Acts of the Legislature, Regular Session, 2014, and to amend and reenact Section 6, Article 5C, Chapter 21 of the West Virginia Code to modify the definition of “employer” to exempt certain employers from State maximum hour and overtime requirements; clarify the effective date of January 1, 2015, for minimum wage, maximum hour, and overtime standards; clarify the definition of “hours worked”; and authorize the Commissioner of the Division of Labor to establish emergency rules prior to January 1, 2015, to implement and administer the labor standards at issue;

THIRD: A bill amending an Act contained in Chapter 115, Acts of the Legislature, Regular Session, 2014, to establish a July 1, 2015, effective date for the affirmative defense of payment or partial payment to a contractor in an action to enforce a mechanic’s lien;

FOURTH: A bill amending the Michael Cunningham Act in the West Virginia Code to establish a December 31, 2014, deadline for electrical inspections and compliance;

FIFTH: A bill amending Section 12, Article 2, Chapter 5B of the West Virginia Code to permit up to $4,700,000 of the monies deposited into the Tourism Promotion Fund to be deposited into the Courtesy Patrol Fund based on an expenditure schedule set by the State Budget Office; and

SIXTH: Legislation authorizing and appropriating the expenditure of public funds 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 nineteenth day of May, in the year of our Lord, Two Thousand Fourteen, and in the One Hundred Fifty-First 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. 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 Unger, 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 Beach, Cookman and Blair.

Subsequently, Senator Beach, 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 Fleischauer, Diserio and Ellem, 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. 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 Unger, 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 Fitzsimmons, Stollings and Sypolt.

A message from the House of Delegates, by

Delegates Campbell, Moore 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. 202. Senate and House members of this select committee then proceeded to the executive offices.

Subsequently, Senator Fitzsimmons reported that the joint Senate and House committee had performed the duty assigned to it.

The Clerk presented a communication from the Ron Yost Personal Assistance Services Program, submitting its annual report, in accordance with chapter eighteen, article ten-l, section seven of the code of West Virginia.

Which communication and report were received and filed with the Clerk.

The Clerk presented a communication from the West Virginia State Police, submitting its Post Exchange annual report as required by chapter fifteen, article two-e, section six of the code of West Virginia.

Which communication and report were received and filed with the Clerk.

The Senate proceeded to the third order of business.

Executive Communications

Senator Kessler (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

May 19, 2014

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 Executive Director, Real Estate Division, The Honorable Constantino Amores II, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.

2.For Member, Economic Development Authority, Jeff Vickers, Lewisburg, Greenbrier County, for the term ending June 30, 2015.

3.For Member, Investment Management Board, Judy Hale, Winfield, Putnam County, for the term ending January 31, 2019.

4.For Member, Investment Management Board, Roger Hunter, Lewisburg, Greenbrier County, for the term ending January 31, 2018.

5.For Member, Investment Management Board, Marie Prezioso, Charleston, Kanawha County, for the term ending January 31, 2016.

6.For Member, Investment Management Board, David Haney, Hurricane, Putnam County, for the term ending January 31, 2018.

7.For Member, Mine Safety Technology Task Force, Terry Osborne, Morgantown, Monongalia County, to serve at the will and pleasure of the Governor.

8.For Member, West Virginia State University Board of Governors, E. Gail Pitchford, Charleston, Kanawha County, for the term ending June 30, 2015.

9.For Member, Shepherd University Board of Governors, Chad Robinson, Charleston, Kanawha County, for the term ending June 30, 2014.

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.

On motion of Senator Green, consideration of the nominations immediately hereinbefore reported was made a special order of business for 2 p.m. today.

The following communication from His Excellency, the Governor, was next reported by the Clerk:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

May 19, 2014

Senate Executive Message No. 2

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear President Kessler:

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 11, 2014, as part of my recommended budget for the fiscal year ending June 30, 2015:

Excess Lottery Fund

Statement of Revenues, Expenditures and Changes in Cash Balance

(Nearest Dollar)

Balance @ July 1, 2012 $126,802,497

Less:Reserve for Cash Flow / Contingencies (5,300,000)

Less:Catastrophic Event Contingency (30,000,000)

Plus:FY 2013 Actual Revenue 295,588,465

Available for FY 2013 Appropriations $387,090,962

Less:FY 2013 Appropriations (net of vetos) (290,564,890)

Plus:Cash not needed for FY 2013 Appropriations 17,899

Unappropriated Balance @ June 30, 2013 $ 96,543,971

Plus:FY 2014 Revenue Estimate $256,522,000

Less:FY 2014 Regular Appropriations (256,522,000)

Less:FY 2014 Appropriations from available

surplus (29,111,465)

Plus:Cash not needed for FY 2014 Appropriations 20,217

Less:FY 2014 Supplemental Appropriation

(2014 Regular Session):

SB341 DHHR - Medicaid - Basebuilding

funding (67,432,506)

Estimated Unappropriated Balance

@ June 30, 2014$ 20,217

Plus:FY 2015 Revenue Estimate ¹ $318,918,433

Less:FY 2015 Regular Appropriations

(2014 Regular Session) (241,651,000)

Less:Recommended FY 2015 Supplemental

Appropriation (net)

(2014 Second Extraordinary Session) (77,267,433)

Estimated Unappropriated Balance

@ June 30, 2015$ 20,217

¹ FY 2015 revenue estimate revised from $241,651,000 to $318,918,433 – increase of $77,267,433 due to passage of HB101 during the 2014 First Extraordinary Legislative Session.

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 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 (Mr. President) and M. Hall (By Request of the Executive):

Senate Bill No. 2001--A Bill to amend and reenact §38-2-21 and §38-2-34 of the Code of West Virginia, 1931, as amended, as contained in chapter one hundred fifteen, Acts of the Legislature, regular session, 2014, all relating to delaying the effective date of the affirmative defense to an action to enforce a mechanic’s lien.

Referred to the Committee on the Judiciary.

By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

Senate Bill No. 2002--A Bill to amend and reenact §20-9-3 and §20-9-4 of the Code of West Virginia, 1931, as amended, all relating to boat dock and marina safety; extending the deadline for electrical inspection; and extending the deadline for compliance with article.

Referred to the Committee on the Judiciary.

By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

Senate Bill No. 2003--A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, by supplementing and amending chapter thirteen, Acts of the Legislature, regular session, 2014, known as the Budget Bill, by supplementing and amending Title II, section five.

Referred to the Committee on Finance.

By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

Senate Bill No. 2004--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to the distribution of Excess Lottery Revenue funds from the Tourism Promotion Fund to the Courtesy Patrol Fund; authorizing up to $4,700,000 of moneys deposited into the Tourism Promotion Fund be deposited in the Courtesy Patrol Fund; providing that the expenditure schedule for these funds be set by the State Budget Office in consultation with the Division of Tourism; and clarifying the authority of the Secretary of Commerce under article.

Referred to the Committee on Finance.

By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

Senate Bill No. 2005--A Bill to amend and reenact §21-5C-1, §21-5C-2 and §21-5C-4 of the Code of West Virginia, 1931, as amended, as contained in chapter one hundred twenty-four, Acts of the Legislature, regular session, 2014; and to amend and reenact §21-5C-6 of said code, all relating to the application of minimum wage and maximum hour standards; modifying definition of “employer”; clarifying definition of “hours worked”; clarifying operative dates; requiring legislative rules; and authorizing promulgation of emergency rules.

Referred to the Committee on Finance.

Petitions

Senator M. Hall presented a petition from Brenda Nott and one thousand thirty-eight West Virginia residents, requesting the Legislature to prohibit large utility vehicles from parking within six feet of a road.

Referred to the Committee on Transportation and Infrastructure.

On motion of Senator Green, the Senate reconsidered the vote by which it adopted Senator Green’s motion that consideration of the executive nominations reported in earlier proceedings today be made a special order of business for 2 p.m. today.

The vote thereon having been reconsidered,

The question again being on the adoption of Senator Green’s motion that consideration of the executive nominations reported in earlier proceedings today be made a special order of business for 2 p.m. today.

At the request of Senator Green, and by unanimous consent, his aforestated motion was withdrawn.

Thereafter, on motion of Senator Green, consideration of the executive nominations reported in earlier proceedings today was made a special order of business for 4 p.m. today.

Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,

On motion of Senator Unger, the Senate recessed until 4 p.m. today.

Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the fourth order of business.

Senator Green, from the Committee on Confirmations, submitted the following report, which was received:

Your Committee on Confirmations has had under consideration

Senate Executive Message No. 1, dated May 19, 2014, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 1 is submitted: