WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2016

TWENTY-SEVENTH DAY

____________

Charleston, West Virginia, Saturday, June 11, 2016

Pursuant to the call of the President of the Senate and the Speaker of the House of Delegates, under the authority of House Concurrent Resolution 1, adopted June 2, 2016, the Senate reassembled in extraordinary session in its chamber in the state capitol in the City of Charleston, at 11 o’clock a.m., and was called to order by its President, the Honorable William P. Cole III.

Prayer was offered by the Honorable C. Edward Gaunch, a senator from the eighth district.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Mark R. Maynard, a senator from the sixth district.

Pending the reading of the Journal of Thursday, June 2, 2016,

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

The Senate proceeded to the third order of business.

Executive Communications

            Senator Cole (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 2, 2016

VIA HAND DELIVERY

The Honorable William P. Cole III

President, West Virginia Senate

Room 229M, Building 1

State Capitol

Charleston, West Virginia 25305

            Re: Enrolled Senate Bill 1002

Dear President Cole:

Pursuant to the provisions of section fifty-one, article VI of the Constitution of West Virginia, I hereby return Enrolled Senate Bill 1002, passed May 27, 2016, approved with the following objections:

My first objection to the Bill pertains to the title of the bill, on page 1, lines 1-23, which states:

“AN ACT expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2016, in the amount of $1,000,000 from the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2004, organization 0100, appropriation 61400; in the amount of $1,000,000 from the Governor’s Office, Civil Contingent Fund – Total – Surplus, fund 0105, fiscal year 2005, organization 0100, appropriation 23800; in the amount of $1,000,000 from the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2006, organization 0100, appropriation 61400; $3,150,000 from the Joint Expenses, Tax Reduction and Federal Funding Increased Compliance (TRAFFIC), fund 0175, fiscal year 2009, organization 2300, appropriation 64200; in the amount of $3,000,000 from the Treasurer’s Office, Personal Income Tax Reserve Fund, fund 1313, fiscal year 2016, organization 1300; in the amount of $8,500,000 from the Attorney General, Consumer Protection Recovery Fund, fund 1509, fiscal year 2016, organization 1500; in the amount of $2,500,000 from the Department of Health and Human Resources, West Virginia Health Care Authority – Health Care Costs Review Fund, fund 5375, fiscal year 2016, organization 0507; in the amount of $32,000,000 from the Department of Revenue, Office of the Secretary – Revenue Shortfall Reserve Fund, fund 7005, fiscal year 2016, organization 0701; in the amount of $5,000,000 from the Department of Revenue, Insurance Commissioner – Insurance Commission Fund, fund 7152, fiscal year 2016, organization 0704; in the amount of $4,631,089.49 from the Department of Revenue, Lottery Commission, Operating and Expenses Fund, fund 7200, fiscal year 2016, organization 0705; and in the amount of $2,000,000 from the Public Service Commission, fund 8623, fiscal year 2016, organization 0926.”

The expirations in this bill are intended to help fill an anticipated budget gap in the current fiscal year, fiscal year 2016. Expiring these funds reduces the amount of an anticipated end of the year appropriation reduction to DHHR accounts, but amendments to the introduced bill by the Legislature added expirations from funds in the Governor’s Office – Civil Contingent Fund. The Civil Contingent funds are funds of last resort that are used for unforeseen emergencies.

Therefore, on page 1, lines 2-7, I am deleting the language, “$1,000,000 from the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2004, organization 0100, appropriation 61400; in the amount of $1,000,000 from the Governor’s Office, Civil Contingent Fund – Total – Surplus, fund 0105, fiscal year 2005, organization 0100, appropriation 23800; in the amount of $1,000,000 from the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2006, organization 0100, appropriation 61400;”.

My second objection to the Bill pertains to pages 3-4, lines 63-79, which state:

“Whereas, The Legislature finds that the account balances in the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2004, organization 0100, appropriation 61400; in the Governor’s Office, Civil Contingent Fund – Total – Surplus, fund 0105, fiscal year 2005, organization 0100, appropriation 23800; in the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2006, organization 0100, appropriation 61400; in the Joint Expenses, Tax Reduction and Federal Funding Increased Compliance (TRAFFIC), fund 0175, fiscal year 2009, organization 2300, appropriation 64200; in the Treasurer’s Office, Personal Income Tax Reserve Fund, fund 1313, fiscal year 2016, organization 1300; in the Attorney General, Consumer Protection Recovery Fund, fund 1509, fiscal year 2016, organization 1500; in the Department of Health and Human Resources, West Virginia Health Care Authority – Health Care Costs Review Fund, fund 5375, fiscal year 2016, organization 0507; in the Department of Revenue, Office of the Secretary - Revenue Shortfall Reserve Fund, fund 7005, fiscal year 2016, organization 0701; in the Department of Revenue, Insurance Commissioner – Insurance Commission Fund, fund 7152, fiscal year 2016, organization 0704; in the Department of Revenue, Lottery Commission, Operating and Expenses Fund, fund 7200, fiscal year 2016, organization 0705; and in the Public Service Commission, fund 8623, fiscal year 2016, organization 0926, exceed that which is necessary for the purposes for which the accounts were established; therefore”

Having deleted the language in the title of the Bill in objection one above, I am deleting the language on page 3, lines 63-67, “in the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2004, organization 0100, appropriation 61400; in the Governor’s Office, Civil Contingent Fund – Total – Surplus, fund 0105, fiscal year 2005, organization 0100, appropriation 23800; in the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2006, organization 0100, appropriation 61400;”

My third objection to the Bill pertains to page 4, lines 1-24, which state:

“That the balance of the funds available for expenditure in the fiscal year ending June 30, 2016, in the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2004, organization 0100, appropriation 61400, be decreased by expiring the amount of $1,000,000; in the Governor’s Office, Civil Contingent Fund – Total – Surplus, fund 0105, fiscal year 2005, organization 0100, appropriation 23800, be decreased by expiring the amount of $1,000,000; in the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2006, organization 0100, appropriation 61400, be decreased by expiring the amount of $1,000,000; Joint Expenses, Tax Reduction and Federal Funding Increased Compliance (TRAFFIC), fund 0175, fiscal year 2009, organization 2300, appropriation 64200, be decreased by expiring the amount of $3,150,000; in the Treasurer’s Office, Personal Income Tax Reserve Fund, fund 1313, fiscal year 2016, organization 1300, be decreased by expiring the amount of $3,000,000; in the Attorney General, Consumer Protection Recovery Fund, fund 1509, fiscal year 2016, organization 1500, be decreased by expiring the amount of $8,500,000; in the Department of Health and Human Resources, West Virginia Health Care Authority – Health Care Costs Review Fund, fund 5375, fiscal year 2016, organization 0507, be decreased by expiring the amount of $2,500,000; in the Department of Revenue, Office of the Secretary - Revenue Shortfall Reserve Fund, fund 7005, fiscal year 2016, organization 0701, be decreased by expiring the amount of $32,000,000; in the Department of Revenue, Insurance Commissioner – Insurance Commission Fund, fund 7152, fiscal year 2016, organization 0704, be decreased by expiring the amount of $5,000,000; in the Department of Revenue, Lottery Commission, Operating and Expenses Fund, fund 7200, fiscal year 2016, organization 0705, be decreased by expiring the amount of $4,631,089.49; and in the Public Service Commission, fund 8623, fiscal year 2016, organization 0926, be decreased by expiring the amount of $2,000,000, all to the unappropriated balance of the State Fund, General Revenue, to be available during the fiscal year ending June 30, 2016.“

Having deleted the language in the title of the Bill in objection one above, I am deleting the language on page 4, lines 2-7, “Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2004, organization 0100, appropriation 61400, be decreased by expiring the amount of $1,000,000; in the Governor’s Office, Civil Contingent Fund – Total – Surplus, fund 0105, fiscal year 2005, organization 0100, appropriation 23800, be decreased by expiring the amount of $1,000,000; in the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2006, organization 0100, appropriation 61400, be decreased by expiring the amount of $1,000,000;”

For these reasons stated herein, I have approved, subject to the above objections, Enrolled Senate Bill 1002.

                                                                        Sincerely,

                                                                        Earl Ray Tomblin

                                                                        Governor

cc:       The Hon. Tim Armstead

              Speaker, West Virginia House of Delegates

            The Hon. Natalie E. Tennant

              Secretary of State

The Senate proceeded to the fourth order of business.

            Senator Gaunch, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 7th day of June, 2016, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (Com. Sub. for H. B. 101), Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.

            (Com. Sub. for H. B. 117), Relating generally to the promulgation of administrative rules by the Department of Environmental Protection.

            And,

            (H. B. 118), Department of Environmental Protection, Air Quality, rule relating to standards of performance for new stationary sources (45 CSR 16).

                                                                        Respectfully submitted,

                                                                          C. Edward Gaunch,

                                                                            Member, Senate Committee.

                                                                          John B. McCuskey,

                                                                            Chair, House Committee.

Without objection, the Senate returned to the third order of business.

Executive Communications

Senator Cole (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 8, 2016

VIA HAND DELIVERY

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Room 228M, Building 1

State Capitol Complex

1900 Kanawha Blvd., East

Charleston, West Virginia 25305

            Re: Enrolled Committee Substitute for House Bill 101

Dear Speaker Armstead:

Pursuant to section fifty-one, article VI of the Constitution of West Virginia, I hereby veto—in its entirety—the Enrolled Committee Substitute for House Bill 101 (the “Budget Bill”).

When I convened the West Virginia Legislature in Extraordinary Session last month, I submitted a Budget Bill for fiscal year 2017 that not only was balanced, but fiscally sound and forward-looking. My Budget Bill acknowledged the reality that we must downsize state government sensibly and increase state revenues if West Virginia is to remain a torchbearer of fiscal responsibility. My Budget Bill therefore cut, in targeted fashion, $86,000,000 from the annual base budget structure that operates state government. But it also strengthened the foundation of that structure by proposing essential, on-going revenue enhancements. These components of my Budget Bill would have closed next year’s projected shortfall of approximately $270,000,000 and put West Virginia in good stead moving forward.

Significantly, my Budget Bill did not raid one penny from the Revenue Shortfall Reserve Fund (“Rainy Day Fund”). The Rainy Day Fund is a tool to help the state weather the unanticipated revenue shortfalls that occur from time to time; its principal balance should not be invaded, to any great degree, to backfill a budget that is structurally unsound for lack of revenue. Further, a robust Rainy Day Fund supports our competitive bond ratings on Wall Street. It would be reckless and irresponsible to deplete substantially our Rainy Day Fund and jeopardize our bond ratings simply because we wish to avoid or delay taking necessary action to enhance revenues.

The Budget Bill the West Virginia Legislature has presented for my signature bears no resemblance to my responsible proposal of a month ago. Among other reckless measures, the Legislature’s Budget Bill uses $292,000,000 in “one-time” line items, including spending approximately $190,000,000 from the Rainy Day Fund, to “balance” the 2017 fiscal year budget. The Legislature’s Budget Bill, moreover, includes $0 in revenue enhancements to the annual base budget structure. As a consequence, the Legislature’s Budget Bill fails to remedy, to any extent, the structural imbalance in our state budget. Signing this misguided blueprint into law would expose West Virginia to projected budget gaps of at least $380,000,000 in both fiscal years 2018 and 2019. I believe the Legislature should address our very real structural budget problem now, rather than saddle the next administration with an even greater deficit.

            In light of the foregoing, I hereby veto the Budget Bill in its entirety. In issuing this veto, I urge the Legislature—in the strongest of terms—to return to the Capitol immediately and work with me to tailor a responsible Budget Bill for fiscal year 2017. With the specter of a July 1, 2016, government shutdown looming, time is of the essence. Nevertheless, time remains for compromise and responsible action. I respectfully request the Legislature to achieve compromise and take responsible action.

                                                                        Sincerely,

                                                                        Earl Ray Tomblin

                                                                        Governor

cc:       The Hon. William P. Cole III

              President of the Senate

            The Hon. Natalie E. Tennant

              Secretary of State

The Clerk then presented a communication from His Excellency, the Governor, advising that on June 8, 2016, he had approved Enr. Committee Substitute for House Bill 117 and Enr. House Bill 118.

Senator Cole (Mr. President) next laid before the Senate the following supplement to the proclamation dated May 12, 2016, from His Excellency, the Governor, 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 AMEND the Proclamation dated the twelfth day of May, Two Thousand Sixteen, calling the Legislature of West Virginia to convene in Extraordinary Session at twelve o’clock noon on the sixteenth day of May, Two Thousand Sixteen, and amended by subsequent Proclamation dated the first day of June, Two Thousand Sixteen, by adding item ten, as follows:

            TENTH: A bill reducing the deposit to the West Virginia Infrastructure Fund to $20,000,000 for fiscal year 2017.

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 tenth day of June, in the year of our Lord, Two Thousand Sixteen, and in the One Hundred Fifty-Third year of the State.

  EARL RAY TOMBLIN

    GOVERNOR

 

By the Governor

NATALIE E. TENNANT

            SECRETARY OF STATE

            Senator Cole (Mr. President) then 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

June 10, 2016

Senate Executive Message No. 2

First Extraordinary Session 2016

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 Member, Athletic Commission, Tony Figaretti, Wheeling, Ohio County, for the term ending June 30, 2018.

2.         For Member, Emergency Medical Services Advisory Council, Edward Hicks, Charleston, Kanawha County, for the term ending June 30, 2017.

3.         For Member, Aeronautics Commission, Gerald Sites, Petersburg, Grant County, for the term ending June 30, 2016.

4.         For Member, West Virginia Parkways Authority, William Cipriani, Wellsburg, Brooke County, for the term ending June 30, 2019.

5.         For Member, West Virginia Parkways Authority, Tom Mainella, Fairmont, Marion County, for the term ending June 30, 2020.

6.         For Member, West Virginia Parkways Authority, George William Seaver IV, Princeton, Mercer County, for the term ending June 30, 2020.

7.         For Member, West Virginia Parkways Authority, Mike Vinciguerra, Jr., Bluefield, Mercer County, for the term ending June 30, 2021.

8.         For Member, Education Commission of the States, Amelia Courts, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.

9.         For Member, Education Commission of the States, Michael Martirano, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.

10.       For Member, Education Commission of the States, Paul Hill, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.

11.       For Member, Education Commission of the States, Jan Vineyard, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.

12.       For Member, State Personnel Board, Bernie Deem, Charleston, Kanawha County, for the term ending June 30, 2017.

13.       For Member, Glenville State College Board of Governors, Stephen Gandee, Jane Lew, Lewis County, for the term ending June 30, 2018.

14.       For Member, Glenville State College Board of Governors, Michael T. Rust, Louisville, Kentucky, for the term ending June 30, 2017.

15.       For Member, Aeronautics Commission, Richard S. Wachtel, Martinsburg, Berkeley County, for the term ending June 30, 2019.

16.       For Member, Council for Community and Technical College Education, Steve Roberts, Follansbee, Brooke County, for the term ending December 20, 2019.

17.       For Member, Council for Community and Technical College Education, Christina Y. Cameron, Charleston, Kanawha County, for the term ending December 20, 2019.

18.       For Member, West Virginia Board of Treasury Investments, Richard Donovan, Huntington, Cabell County, for the term ending June 30, 2017.

19.       For Member, West Virginia Board of Treasury Investments, Michael L. Glasser, Charleston, Kanawha County, for the term ending June 30, 2019.

20.       For Member, Lottery Commission, Roy Shrewsbury II, Daniels, Raleigh County, for the term ending June 30, 2019.

21.       For Member, Lottery Commission, Michael A. Adams, Weirton, Hancock County, for the term ending June 30, 2017.

22.       For Member, Lottery Commission, William I. Clayton, Charleston, Kanawha County, for the term ending June 30, 2020.

23.       For Member, Lottery Commission, Douglas Bicksler, Lewisburg, Greenbrier County, for the term ending June 30, 2019.

24.       For Member, Lottery Commission, Ken Greear, Charleston, Kanawha County, for the term ending June 30, 2018.

25.       For Member, Educational Broadcasting Authority, Ann Brotherton, Charleston, Kanawha County, for the term ending June 30, 2018.

26.       For Member, Educational Broadcasting Authority, Carol Rotruck, Morgantown, Monongalia County, for the term ending June 30, 2022.

27.       For Member, Educational Broadcasting Authority, Stephen M. Hopta, Charleston, Kanawha County, for the term ending June 30, 2019.

28.       For Member, Educational Broadcasting Authority, Maryanne Reed, Morgantown, Monongalia County, for the term ending June 30, 2021.

29.       For Member, Educational Broadcasting Authority, Edwin M. Sweeney, Weston, Lewis County, for the term ending June 30, 2020.

30.       For Member, Jobs Investment Trust Board, Robert K. Welty, Charleston, Kanawha County, for the term ending June 30, 2016.

31.       For Member, Jobs Investment Trust Board, Lynne M. Fruth, Hurricane, Putnam County, for the term ending June 30, 2019.

32.       For Member, Jobs Investment Trust Board, Christian Asam, Shepherdstown, Berkeley County, for the term ending June 30, 2017.

33.       For Member, National Coal Heritage Area Authority, James H. Lackey, Huntington, Wayne County, for the term ending June 30, 2019.

34.       For Member, Water Development Board, Michael Jones, Farmington, Marion County, for the term ending June 30, 2021.

35.       For Member, Water Development Board, John M. Miller III, Gerrardstown, Berkeley County, for the term ending June 30, 2020.

36.       For Member, Water Development Board, Jason C. Pizatella, Charleston, Kanawha County, for the term ending June 30, 2018.

37.       For Member, Motor Vehicle Dealers Advisory Board, Wally Thornhill, Pecks Mill, Logan County, for the term ending June 30, 2018.

38.       For Member, Motor Vehicle Dealers Advisory Board, Michael Keener, Hurricane, Putnam County, for the term ending June 30, 2016.

39.       For Member Mine Inspectors Examining Board, William Wooten III, Wilkinson, Logan County, for the term ending June 30, 2023.

40.       For Member, Mine Inspectors Examining Board, Charles C. Justice, Justice, Mingo County, for the term ending June 30, 2021.

41.       For Member, Mine Inspectors Examining Board, Carl D. Egnor, Given, Jackson County, for the term ending June 30, 2023.

42.       For Member, Tourism Commission, Ronald E. Marcus, Charles Town, Jefferson County, for the term ending May 1, 2020.

43.       For Member, Tourism Commission, Joseph Manchin IV, Fairmont, Marion County, for the term ending May 1, 2020.

44.       For Member, Tourism Commission, Sharon Horton Rowe, Lewisburg, Greenbrier County, for the term ending May 1, 2020.

45.       For Member, Tourism Commission, Stephen Hilliard, Wheeling, Ohio County, for the term ending May 1, 2020.

46.       For Member, Board of Examiners for Licensed Practical Nurses, Benjamin T. Vincent, Heaters, Braxton County, for the term ending June 30, 2019.

47.       For Member, Board of Examiners for Licensed Practical Nurses, Vicki Jenkins, Martinsburg, Berkeley County, for the term ending June 30, 2018.

48.       For Member, Housing Development Fund, J. D. Stricklen, Blue Creek, Kanawha County, for the term ending October 30, 2019.

49.       For Member, Housing Development Fund, Sam Kapourales, Williamson, Mingo County, for the term ending October 30, 2019.

50.       For Member, Housing Development Fund, Mary Skeens, Charleston, Kanawha County, for the term ending October 30, 2018.

51.       For Member, Board of Registration for Professional Engineers, Garth Thomas, South Charleston, Kanawha County, for the term ending June 30, 2018.

52.       For Member, Board of Registration for Professional Engineers, L. A. Gates, Daniels, Raleigh County, for the term ending June 30, 2020.

53.       For Member, West Virginia Contractor Licensing Board, Manuel Alvarez, Bridgeport, Harrison County, for the term ending June 30, 2017.

54.       For Member, West Virginia Contractor Licensing Board, Gene Thompson, Scott Depot, Putnam County, for the term ending June 30, 2016.

55.       For Member, West Virginia Contractor Licensing Board, Janet Whipkey, Morgantown, Monongalia County, for the term ending June 30, 2018.

56.       For Member, West Virginia Contractor Licensing Board, Jacob Meck, Green Bank, Pocahontas County, for the term ending June 30, 2019.

57.       For Member, West Virginia Contractor Licensing Board, Randy Ferguson, Huntington, Cabell County, for the term ending June 30, 2019.

58.       For Member, West Virginia Contractor Licensing Board, Steven B. Solomon, Morgantown, Monongalia County, for the term ending June 30, 2016.

59.       For Member, West Virginia Contractor Licensing Board, Mike Stone, Morgantown, Monongalia County, for the term ending June 30, 2016.

60.       For Member, West Virginia Contractor Licensing Board, Ted Brady, Charleston, Kanawha County, for the term ending June 30, 2019.

61.       For Member, West Virginia Contractor Licensing Board, Michael Davis, Scott Depot, Putnam County, for the term ending June 30, 2018.

62.       For Member, West Virginia Contractor Licensing Board, Mike Noel, Barboursville, Cabell County, for the term ending June 30, 2017.

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 Mullins, consideration of the nominations immediately hereinbefore reported was made a special order of business for Tuesday, June 14, 2016, at 11 a.m.

            Following a point of inquiry by Senator Plymale, with resultant response from Senator Carmichael.

            On motion of Senator Carmichael, the Senate reconsidered the vote by which it adopted Senator Mullins’s motion that consideration of the executive nominations immediately hereinbefore reported be made a special order of business for Tuesday, June 14, 2016, at 11 a.m.

            The vote thereon having been reconsidered,

            The question again being on the adoption of Senator Mullins’s motion that consideration of the executive nominations immediately hereinbefore reported be made a special order of business for Tuesday, June 14, 2016, at 11 a.m.

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

            Thereafter, on motion of Senator Mullins, consideration of the executive nominations immediately hereinbefore reported was made a special order of business for Monday, June 13, 2016, at 4 p.m.

The Senate proceeded to the sixth order of business.

On motions for leave, severally made, the following bills were introduced and read by their titles:

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

Senate Bill 1011—A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended, relating to the West Virginia Infrastructure Fund; and reducing the distributions to the West Virginia Infrastructure Fund to $20 million for fiscal year 2017.

At the request of Senator Carmichael, unanimous consent being granted, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second 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, Blair, Carmichael, Cline, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Yost and Cole (Mr. President)—26.

The nays were: Beach, Facemire, Miller, Romano and Woelfel—5.

Absent: Boley, Boso and Unger—3.

            The bill was read a second time and ordered to engrossment and third reading.

            Engrossed Senate Bill 1011 was then read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Ashley, Beach, Blair, Carmichael, Cline, Facemire, Ferns, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Miller, Mullins, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—28.

The nays were: Gaunch, Maynard and Romano—3.

Absent: Boley, Boso and Unger—3.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 1011) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

On this question, the yeas were: Ashley, Beach, Blair, Carmichael, Cline, Facemire, Ferns, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Miller, Mullins, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—28.

The nays were: Gaunch, Maynard and Romano—3.

Absent: Boley, Boso and Unger—3.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1011) takes effect from passage.

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

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

Senate Bill 1012—A Bill to amend and reenact §11-17-3, §11-17-4 and §11-17-4a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-17-4b, all relating to increasing the tax rate on cigarettes and other tobacco products; requiring a physical inventory of tax stamps and tobacco products upon the effective date of tax imposition and upon any tax rate increase; applying tax rate changes to inventories; requiring a report of such inventory be filed within sixty days after the effective date of the tax imposition or tax rate change; levying the excise tax on e-cigarette liquid; defining terms; providing for administration of the tax on e-cigarette liquid; barring imposition of regulations or prohibitions by municipalities or other governmental subdivisions regarding tobacco product promotions and certain other activities; providing for administration of the tax on e-cigarette liquid; providing for examination of records and stocks and examination of witnesses; declaring a presumption in absence of evidence of payment; specifying penalty for failure to file required reports; specifying criminal sanctions; and specifying effective date.

At the request of Senator Carmichael, unanimous consent being granted, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second 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, Blair, Carmichael, Cline, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—27.

The nays were: Beach, Facemire, Miller and Romano—4.

Absent: Boley, Boso and Unger—3.

            The bill was read a second time and ordered to engrossment and third reading.

            Engrossed Senate Bill 1012 was then read a third time and put upon its passage.

            Pending discussion,

            The question being “Shall Engrossed Senate Bill 1012 pass?”

            On the passage of the bill, the yeas were: Ashley, Beach, Blair, Carmichael, Cline, Gaunch, Hall, Kessler, Kirkendoll, Laird, Miller, Mullins, Palumbo, Plymale, Prezioso, Snyder, Stollings, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—24.

The nays were: Facemire, Ferns, Karnes, Leonhardt, Maynard, Romano and Sypolt—7.

Absent: Boley, Boso and Unger—3.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 1012) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

On this question, the yeas were: Ashley, Beach, Blair, Carmichael, Cline, Gaunch, Hall, Kessler, Kirkendoll, Laird, Miller, Mullins, Palumbo, Plymale, Prezioso, Snyder, Stollings, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—24.

The nays were: Facemire, Ferns, Karnes, Leonhardt, Maynard, Romano and Sypolt—7.

Absent: Boley, Boso and Unger—3.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1012) takes effect from passage.

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

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

Senate Bill 1013—A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.

At the request of Senator Carmichael, unanimous consent being granted, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second 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, Blair, Carmichael, Cline, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Mullins, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Yost and Cole (Mr. President)—26.

The nays were: Beach, Facemire, Miller, Romano and Woelfel—5.

Absent: Boley, Boso and Unger—3.

            The bill was read a second time and ordered to engrossment and third reading.

            Engrossed Senate Bill 1013 was then read a third time and put upon its passage.

            Pending extended discussion,

            The question being “Shall Engrossed Senate Bill 1013 pass?”

            On the passage of the bill, the yeas were: Ashley, Beach, Blair, Carmichael, Cline, Ferns, Gaunch, Hall, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—27.

The nays were: Facemire, Karnes, Romano and Snyder—4.

Absent: Boley, Boso and Unger—3.

            So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1013) passed with its title.

Senator Carmichael moved that the bill take effect from passage.

On this question, the yeas were: Ashley, Beach, Blair, Carmichael, Cline, Ferns, Gaunch, Hall, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—27.

The nays were: Facemire, Karnes, Romano and Snyder—4.

Absent: Boley, Boso and Unger—3.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1013) takes effect from passage.

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

The Senate proceeded to the twelfth order of business.

Remarks were made by Senators Stollings and Woelfel.

Thereafter, at the request of Senator Blair, and by unanimous consent, the remarks by Senator Stollings were ordered printed in the Appendix to the Journal.

Pending announcement of a meeting of a standing committee of the Senate,

On motion of Senator Carmichael, the Senate adjourned until tomorrow, Sunday, June 12, 2016, at 2:30 p.m.

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