WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2016

THIRD DAY

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Charleston, West Virginia, Wednesday, May 18, 2016

The Senate met at 11:30 a.m.

(Senator Cole, Mr. President, in the Chair.)

Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Dave Sypolt, a senator from the fourteenth district.

Pending the reading of the Journal of Tuesday, May 17, 2016,

At the request of Senator Beach, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.

The Senate proceeded to the sixth order of business.

On motions for leave, severally made, the following bill was introduced, read by its title and referred to the appropriate committees:

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

Senate Bill 1006—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1-30, relating to authorizing the Governor to issue executive orders to furlough state employees and pay certain obligations in the event of a fiscal emergency.

Referred to the Committee on the Judiciary; and then to the Committee on Finance.

The Senate proceeded to the ninth order of business.

Senate Bill 1002, Expiring funds from various accounts to unappropriated balance in State Fund, General Revenue.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

On motion of Senator Carmichael, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

On suspending the constitutional rule, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)—32.

The nays were: Miller and Woelfel—2.

Absent: None.

Engrossed Senate Bill 1002 was then read a third time and put upon its passage.

Pending extended discussion,

The question being “Shall Engrossed Senate Bill 1002 pass?”

On the passage of the bill, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1002) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

On this question, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1002) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Com. Sub. for Senate Bill 1005, Increasing tax rate on cigarettes and tobacco products.

On second reading, coming up in regular order, was read a second time.

On motion of Senator Hall, the following amendment to the bill was reported by the Clerk and adopted:

On page two, section three, line twenty-five, after the word “beginning” by inserting the words “on or after”.

On motions of Senators Prezioso, Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Romano, Snyder, Stollings, Unger, Williams, Woelfel and Yost, the following amendments to the bill (Com. Sub. for S. B. 1005) were next reported by the Clerk and considered simultaneously:

On page two, section three, line nine, by striking out “$1” and inserting in lieu thereof “$1.55”;

And,

On pages two and three, section three, lines twenty-four through thirty-six, by striking out all of subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:

(d) (1) For the fiscal year beginning July 1, 2016, 55 cents of the $1.55 tax imposed and collected on each twenty cigarettes under subsection (b) of this section shall be dedicated as follows:

(A) The first $1 million shall be deposited in the Tobacco Education Program in the State Treasury. Expenditures from the fund are to be made in accordance with the provisions of article three, chapter twelve of this code and used for the purpose of providing tobacco cessation programs;

(B) The next $43 million shall be deposited in the State Treasury to the credit of the Public Employees Insurance Agency; and

(C) The remaining balance of the revenues collected and dedicated under this subdivision shall be deposited in the state’s General Revenue Fund.

(2) For each fiscal year beginning on or after July 1, 2017, $1 of the $1.55 tax imposed and collected on each twenty cigarettes under subsection (b) of this section shall be dedicated as follows:

(A) The first $1 million shall be deposited in the Tobacco Education Program in the State Treasury. Expenditures from the fund are to be made in accordance with the provisions of article three, chapter twelve of this code and used for the purpose of providing tobacco cessation programs; and

(B) The remaining balance of the revenues collected and dedicated under this subdivision shall be deposited in the State Treasury to the credit of the Public Employees Insurance Agency.

At the request of Senator Prezioso, and by unanimous consent, the amendments offered by Senators Prezioso, Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Romano, Snyder, Stollings, Unger, Williams, Woelfel and Yost to the bill were withdrawn.

            On motion of Senator Ferns, the following amendments to the bill (Com. Sub. for S. B. 1005) were next reported by the Clerk and considered simultaneously:

On page one, section three, line one, by striking out the words “and tobacco products other than cigarettes”;

On page one, section three, line five, by striking out the words “and tobacco products other than cigarettes”;

On page two, section three, lines sixteen through twenty, after the word “dealer” by striking out the proviso;

On page three, section four, line eight, by striking out the words “other than cigarettes”;

On pages three through eight, by striking out all of section four-b;

And,

By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

That §11-17-3 and §11-17-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:.

            Following discussion,

The question being on the adoption of Senator Ferns’ amendments to the bill, and on this question, Senator Unger demanded the yeas and nays.

Following discussion,

Senator Ferns requested unanimous consent that his foregoing amendments to the bill be withdrawn.

Senator Woelfel objecting,

The Chair stated the Senator is allowed to withdraw the amendments by rule.

Whereupon, Senator Ferns’ foregoing amendments to the bill were withdrawn.

Thereafter, at the request of Senator Romano, and by unanimous consent, the remarks by Senators Ferns, Stollings, Kessler, Hall and Plymale regarding the adoption of Senator Ferns’ amendments to Committee Substitute for Senate Bill 1005 were ordered printed in the Appendix to the Journal.

On motion of Senator Miller, the following amendments to the bill (Com. Sub. for S. B. 1005) were next reported by the Clerk and considered simultaneously:

On page two, section three, line nine, by striking out “$1” and inserting in lieu thereof “$1.55”;

And,

On page three, section three, after line forty, by inserting a new subsection, designated subsection (f), to read as follows:

(f) (1) For each taxable year beginning after December 31, 2016, a West Virginia resident who is eligible for the federal earned income tax credit under Section 32 of the Internal Revenue Code is eligible for a credit under article twenty-one of this chapter equal to fifteen percent of the amount of the federal earned income tax credit that the individual:

(A) Is eligible to receive in the taxable year; and

(B) Claimed for the taxable year under Section 32 of the Internal Revenue Code.

(2) If other credits allowed are used by the taxpayer for the taxable year, the West Virginia Earned Income Tax Credit shall be applied last.

(3) If the amount of the credit allowed exceeds the taxpayer’s West Virginia personal income tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the amount of the excess, without interest.

(4) The commissioner shall make an effort every year to inform taxpayers who may be eligible to receive the credit provided under this section.

(5) The commissioner may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code for the administration of the provisions this section and develop and publish any instructions, any or all of which as may be determined to be necessary to provide guidance and assistance to taxpayers when claiming the West Virginia Earned Income Tax Credit.

            Senator Hall arose to a point of order that Senator Miller’s amendments to the bill (Com. Sub. for S. B. 1005) were not germane to the bill.

            Which point of order, the President ruled not well taken.

            Following discussion,

            The question now being on the adoption of Senator Miller’s amendments to the bill, the same was put and did not prevail.

The bill (Com. Sub. for S. B. 1005), as amended by Senator Hall, was then ordered to engrossment and third reading.

Senator Carmichael moved that the constitutional rule requiring a bill to be read on three separate days be suspended.

The roll being taken, the yeas were: Ashley, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Leonhardt, Maynard, Mullins, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)—23.

The nays were: Beach, Kessler, Kirkendoll, Laird, Miller, Romano, Snyder, Unger, Williams, Woelfel and Yost—11.

Absent: None.

So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.

Pending announcement of a meeting of a standing committee of the Senate, including a minority party caucus,

On motion of Senator Carmichael, the Senate adjourned until tomorrow, Thursday, May 19, 2016, at 11:30 a.m.

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