WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2016
TWENTY-NINTH DAY
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Charleston, West Virginia, Monday, June 13, 2016
The Senate met at 4 p.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 Kent Leonhardt, a senator from the second district.
Pending the reading of the Journal of Sunday, June 12, 2016,
At the request of Senator Snyder, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.
At the request of Senator Carmichael, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Wesley Baker, son of Kevin Baker, Senate Minority Counsel, privileges of the floor for the day.
The Senate proceeded to the fourth order of business.
Senator Boley, from the Committee on Confirmations, submitted the following report, which was received:
Your Committee on Confirmations has had under consideration
Senate Executive Message 2, dated June 10, 2016, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message 2 is submitted:
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.
And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
Respectfully submitted,
Donna J. Boley,
Chair.
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The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, the special order thereon was called by the President.
Thereupon, Senator Cole (Mr. President) laid before the Senate the following executive message:
Senate Executive Message 2, dated June 10, 2016 (shown in the Senate Journal of Saturday, June 11, 2016, pages 10 to 15, inclusive).
Senator Boley then moved that the Senate advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations.
The question being on the adoption of Senator Boley’s aforestated motion.
The roll was then taken; and
On this question, the yeas were: the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—31.
The nays were: None.
Absent: Karnes, Mullins and Romano—3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Boley’s aforestated motion had prevailed.
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Consideration of executive nominations having been concluded,
At the request of Senator Carmichael, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of, to take effect from passage, of
Eng. Senate Bill 1011, Reducing distributions to WV Infrastructure Fund.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill 1012, Increasing tax rate on cigarettes and other tobacco products.
On motion of Senator Carmichael, the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page four, after line twenty-nine, by striking out all of section four-a;
On page one, 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; and that said code be amended by adding thereto a new section, designated §11-17-4b, all to read as follows:;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill 1012—A Bill amend and reenact §11-17-3 and §11-17-4 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; 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.
On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill 1012, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—29.
The nays were: Leonhardt, Maynard and Sypolt—3.
Absent: Karnes and Mullins—2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1012) passed with its House of Delegates amended 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, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—29.
The nays were: Leonhardt, Maynard and Sypolt—3.
Absent: Karnes and Mullins—2.
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.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 116—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 an executive order to direct the scheduled payment of the principal and interest due on bonds or notes of the state or its agencies, boards and commissions if it appears imminent that the next ensuing fiscal year of the state will begin and continue for any period during which the budget bill for that fiscal year has not been enacted and made effective; and expiration of force and effect of executive order.
At the request of Senator Carmichael, and by unanimous consent, 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, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—29.
The nays were: Beach, Miller and Romano—3.
Absent: Karnes and Mullins—2.
The bill (Eng. Com. Sub. for H. B. 116) was then read a second time.
On motion of Senator Trump, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. THE GOVERNOR.
§5-1-30. Authority to direct payment of certain debt in emergency.
(a) The Legislature makes the following findings:
(1) Subdivision (12), subsection (d), section fifty-one, article VI of the Constitution of West Virginia authorizes the Legislature to enact laws as are necessary and proper to carry out the purposes of section fifty-one, article VI of the Constitution of West Virginia.
(2) One of the purposes of section fifty-one, article VI of the Constitution of West Virginia is to ensure the solvency and fiscal well-being of the State of West Virginia.
(3) Ensuring payment of the debt service on the notes and bonded indebtedness of the state and its agencies, boards and commissions is necessary and proper to ensure the solvency and fiscal well-being of the State of West Virginia.
(b) If, on June 30 of any year, no budget bill has been enacted and made effective for the next ensuing fiscal year, the Governor shall have plenary power and authority by executive order to direct the scheduled payment of the principal and interest due on bonds or notes of the state or its agencies, boards and commissions.
(c) Upon issuance by the Governor of an executive order pursuant to subsection (b) of this section, the State Auditor and State Treasurer shall take such actions as are necessary to ensure payment of the principal and interest due on the bonds or notes of the state, its agencies, boards and commissions as directed by the Governor.
(d) Any executive order issued pursuant to subsection (b) of this section shall continue in full force and effect until the effective date of the budget bill enacted for the fiscal year beginning July 1.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. 116) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Ashley, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)—29.
The nays were: Beach, Miller and Woelfel—3.
Absent: Karnes and Mullins—2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. 116) passed.
On motion of Senator Trump, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill 116—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1-30, relating generally to granting Governor plenary power and authority to direct scheduled payment of the principal and interest due on bonds or notes of the state or its agencies, boards and commissions if no budget bill has been enacted on June 30 of any year for the ensuing fiscal year; making legislative findings; authorizing the Governor to direct said payments by executive order; directing State Auditor and State Treasurer to take such actions as are necessary to ensure payments as directed by the executive order; and clarifying that an executive order remains effective until the effective date of a budget bill enacted for the fiscal year beginning July 1.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Ashley, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Yost and Cole (Mr. President)—29.
The nays were: Beach, Miller and Woelfel—3.
Absent: Karnes and Mullins—2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. 116) 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 eighth order of business.
Eng. Senate Bill 1010, Supplemental appropriation from State Fund, General Revenue to Department of Education, State Board of Education.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being “Shall Engrossed Senate Bill 1010 pass?”
On the passage of the bill, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—32.
The nays were: None.
Absent: Karnes and Mullins—2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1010) 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, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—32.
The nays were: None.
Absent: Karnes and Mullins—2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1010) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Plymale, and by unanimous consent, the remarks by Senators Stollings and Kirkendoll regarding the passage of Engrossed Senate Bill 1010 were ordered printed in the Appendix to the Journal.
At the request of Senator Leonhardt, and by unanimous consent, the remarks by Senator Blair regarding the passage of Engrossed Senate Bill 1010 were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Unger, unanimous consent being granted, it was ordered that the Journal show had Senator Unger been present in the chamber on Saturday, June 11, 2016, he would have voted “nay” on the passage of Engrossed Senate Bill 1011, Engrossed Senate Bill 1012 and Engrossed Senate Bill 1013.
At the request of Senator Romano, unanimous consent being granted, it was ordered that the Journal show had Senator Romano been present in the chamber in earlier proceedings today, he would have voted “yea” on the adoption of Senator Boley’s motion that the Senate advise and consent to all of the executive nominations referred to in the report from the Committee on Confirmations.
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Tuesday, June 14, 2016, at 10 a.m.
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