WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2016

FIRST DAY

____________

Charleston, West Virginia, Sunday, September 18, 2016

            Pursuant to the proclamation of His Excellency, the Governor, the Honorable Earl Ray Tomblin, dated the sixteenth day of September, two thousand sixteen, convening the eighty-second Legislature of West Virginia in extraordinary session today (Sunday, September 18, 2016), 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 6 o’clock p.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 Charles S. Trump IV, a senator from the fifteenth district.

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

            Senators Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Gaunch, Hall, Karnes, Kirkendoll, Laird, Leonhardt, Maynard, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Trump, Walters, Williams, Woelfel, Yost and Cole (Mr. President).

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

Executive Communications

            Senator Cole (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 6:00 p.m. on the eighteenth day of September, Two Thousand Sixteen, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following business:

            FIRST: A bill expiring $21,000,000.00 of fiscal year 2016 surplus funds from two separate accounts (i.e., $13,700,000.00 from the unappropriated balance in Lottery Net Profits and $7,300,000.00 from the unappropriated balance in the State Excess Lottery Revenue Fund) and expiring $55,000,000.00 from the Revenue Shortfall Reserve Fund to the State Fund, General Revenue, and appropriating $85,000,000.00 from the State Fund, General Revenue, into the Civil Contingent Fund to pay obligations and ongoing expenses incurred by the State as a result of the federally-declared disaster and State of Emergency of the twenty-third day of June, Two Thousand Sixteen; and

            SECOND: Legislation authorizing and appropriating the expenditure of public funds to pay the expenses for the 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 sixteenth day of September, in the year of our Lord, Two Thousand Sixteen, and in the One Hundred Fifty-Fourth year of the State.

EARL RAY TOMBLIN

  GOVERNOR

By the Governor

NATALIE E. TENNANT

            SECRETARY OF STATE

At the request of Senator Plymale, 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 Asadullha Iqhal Ranavaya privileges of the floor for the day.

            At the request of Senator Carmichael, unanimous consent being granted, Senator Carmichael offered the following resolution from the floor:

            Senate Resolution 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 Carmichael, 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 Boso, Leonhardt and Beach.

            Subsequently, Senator Boso, 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 Weld, Stansbury and Lynch, 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.

            At the request of Senator Carmichael, unanimous consent being granted, Senator Carmichael offered the following resolution from the floor:

            Senate Resolution 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 Carmichael, 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 Maynard, Cline and Facemire.

            A message from the House of Delegates, by

            Delegates Duke, Border and Perdue, 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 202. Senate and House members of this select committee then proceeded to the executive offices.

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

            The Senate proceeded to the second order of business and the introduction of guests.

            The Senate then 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, consisting of executive nominations for appointees:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

September 16, 2016

Senate Executive Message No. 1

Second 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, Ohio River Valley Water Sanitation Commission, Ronald R. Potesta, Charleston, Kanawha County, for the term ending June 30, 2022.

2.                    For Member, West Virginia Board of Dentistry, Beverly L. Stevens, Charleston, Kanawha County, for the term ending June 30, 2021.

3.                    For Member, West Virginia Board of Dentistry, Samuel V. Veltri, Clarksburg, Harrison County, for the term ending June 30, 2021.

4.                    For Member, West Virginia Board of Dentistry, John E. Bogers, Huntington, Cabell County, for the term ending June 30, 2021.

5.                    For Member, Fire Commission, Phil Hart, Belington, Barbour County, for the term ending June 30, 2021.

6.                    For Member, Fire Commission, Thomas Keefer, Winfield, Putnam County, for the term ending June 30, 2021.

7.                    For Member, State Personnel Board, Roscoe A. Taylor, Ripley, Jackson County, for the term ending June 30, 2018.

8.                    For Member, Board of the College Prepaid Tuition and Savings Program Board of Trustees, Robert Galloway, Charleston, Kanawha County, for the term ending June 30, 2021.

9.                    For Member, West Virginia Board of Chiropractic, Holly Harvey, Union, Monroe County, for the term ending June 30, 2019.

10.                  For Member, West Virginia Board of Chiropractic, Geoff Mohn, Barboursville, Cabell County, for the term ending June 30, 2019.

11.                  For Member, Workforce Development Board, Ray Burke, Jr., Hurricane, Putnam County, for the term ending June 30, 2019.

12.                  For Member, Workforce Development Board, Roy M. Smith, Beckley, Raleigh County, for the term ending June 30, 2019.

13.                  For Member, Workforce Development Board, Will Turani, Wheeling, Ohio County, for the term ending June 30, 2019.

14.                  For Member, Workforce Development Board, Guy Schiller, Danbury, Connecticut, for the term ending June 30, 2019.

15.                  For Member, Workforce Development Board, John Moses, Wheeling, Ohio County, for the term ending June 30, 2019.

16.                  For Member, Workforce Development Board, Megan Harris, Belle, Kanawha County, for the term ending June 30, 2019.

17.                  For Member, Workforce Development Board, Paul Geoffrey Sawyers, Huntington, Cabell County, for the term ending June 30, 2019.

18.                  For Member, Workforce Development Board, Stephanie Smith, Charleston, Kanawha County, for the term ending June 30, 2019.

19.                  For Member, Workforce Development Board, Roy Hamilton, Hurricane, Putnam County, for the term ending June 30, 2019.

20.                  For Member, Workforce Development Board, Eunice Bellinger, Charleston, Kanawha County, for the term ending June 30, 2018.

21.                  For Member, Water Development Board, Mike Duplaga, Jr., Wheeling, Ohio County, for the term ending June 30, 2022.

22.                  For Member, Board of Pharmacy, Samuel Kapourales, Williamson, Mingo County, for the term ending June 30, 2021.

23.                  For Member, Board of Control for Southern Regional Education, Paul Hill, Charleston, Kanawha County, for the term ending June 30, 2020.

24.                  For Member, Board of Optometry, William Ratcliff, Huntington, Cabell County, for the term ending June 30, 2019.

25.                  For Member, Board of Optometry, Mason E. White II, Logan, Logan County, for the term ending June 30, 2018.

26.                  For Member, Board of Optometry, Steven Odekirk, Charleston, Kanawha County, for the term ending June 30, 2017.

27.                  For Member, Board of Optometry, Raymond Keener, Charleston, Kanawha County, for the term ending June 30, 2019.

28.                  For Member, Board of Optometry, Thomas E. Griffith, St. Albans, Kanawha County, for the term ending June 30, 2018.

29.                  For Member, Board of Optometry, Robert N. Christen II, Sistersville, Tyler County, for the term ending June 30, 2017.

30.                  For Member, Board of Optometry, John S. LaRose II, Summersville, Nicholas County, for the term ending June 30, 2018.

31.                  For Member, Statewide Independent Living Council, Beth Morrison, Charleston, Kanawha County, for the term ending June 30, 2019.

32.                  For Member, Statewide Independent Living Council, Nathan Parker, Huntington, Cabell County, for the term ending June 30, 2019.

33.                  For Member, Statewide Independent Living Council, John Taylor, Nitro, Kanawha County, for the term ending June 30, 2019.

34.                  For Member, Statewide Independent Living Council, Carissa Davis, St. Albans, Kanawha County, for the term ending June 30, 2019.

35.                  For Member, Statewide Independent Living Council, Richard Ward, Charleston, Kanawha County, for the term ending June 30, 2019.

36.                  For Member, Statewide Independent Living Council, Joyce Floyd, Elkins, Randolph County, for the term ending June 30, 2019.

37.                  For Member, Statewide Independent Living Council, Ashton Nesmith-Kochera, Martinsburg, Berkeley County, for the term ending June 30, 2019.

38.                  For Member, Statewide Independent Living Council, Marissa Sanders, Charleston, Kanawha County, for the term ending June 30, 2019.

39.                  For Member, Statewide Independent Living Council, Bob Gray, Charleston, Kanawha County, for the term ending June 30, 2018.

40.                  For Member, Economic Development Authority, Patrick J. Farrell, Huntington, Cabell County, for the term ending June 30, 2020.

41.                  For Member, West Virginia Board of Licensed Dietitians, Margaret M. Andrews, Charleston, Kanawha County, for the term ending June 30, 2020.

42.                  For Member, West Virginia Board of Licensed Dietitians, Mary K. Gould, Huntington, Cabell County, for the term ending June 30, 2020.

43.                  For Member, West Virginia Board of Licensed Dietitians, Joan Starliper, Martinsburg, Berkeley County, for the term ending June 30, 2020.

44.                  For Member, Concord University Board of Governors, Richard Jarrell, Beckley, Raleigh County, for the term ending June 30, 2020.

45.                  For Member, Concord University Board of Governors, Brittany Anderson, Athens, Mercer County, for the term ending June 30, 2020.

46.                  For Member, Concord University Board of Governors, Greg Allen, Scottsdale, Arizona, for the term ending June 30, 2020.

47.                  For Member, Women’s Commission, Kameron Miller, Charleston, Kanawha County, for the term ending June 30, 2019.

48.                  For Member, Women’s Commission, Jean Ford, Williamstown, Wood County, for the term ending June 30, 2019.

49.                  For Member, Women’s Commission, Kenyatta Grant, Elkview, Kanawha County, for the term ending June 30, 2019.

50.                  For Member, Women’s Commission, Alicia Besenyei, Daniels, Raleigh County, for the term ending June 30, 2019.

51.                  For Member, Women’s Commission, Robert Harrison, Charleston, Kanawha County, for the term ending June 30, 2018.

52.                  For Member, Glenville State College Board of Governors, Ralph Holder, Belpre, Ohio, for the term ending June 30, 2020.

53.                  For Member, Marshall University Board of Governors, James R. Bailes, Huntington, Cabell County, for the term ending June 30, 2020.

54.                  For Member, Marshall University Board of Governors, Timothy J. Dagostine, Charleston, Kanawha County, for the term ending June 30, 2020.

55.                  For Member, Marshall University Board of Governors, Christie Kinsey, Lavalette, Wayne County, for the term ending June 30, 2020.

56.                  For Member, Marshall University Board of Governors, Gary G. White, Logan, Logan County, for the term ending June 30, 2020.

57.                  For Member, Board of Registration for Professional Engineers, Bhajan S. Saluja, Charleston, Kanawha County, for the term ending June 30, 2021.

58.                  For Chief Hearing Examiner, Office of Administrative Hearings, Teresa Dawn Maynard, Lenore, Mingo County, for the term ending June 30, 2022.

59.                  For Member, BridgeValley Community and Technical College Board of Governors, Don Stewart, Leon, Mason County, for the term ending June 30, 2020.

60.                  For Member, BridgeValley Community and Technical College Board of Governors, Thomas W. Dover, Charleston, Kanawha County, for the term ending June 30, 2020.

61.                  For Member, BridgeValley Community and Technical College Board of Governors, Jane Harkins, Beckley, Raleigh County, for the term ending June 30, 2020.

62.                  For Member, BridgeValley Community and Technical College Board of Governors, Gregory M. Barker, Leon, Mason County, for the term ending June 30, 2020.

63.                  For Member, BridgeValley Community and Technical College Board of Governors, Sally Cline, South Charleston, Kanawha County, for the term ending June 30, 2020.

64.                  For Member, Natural Resources Commission, David M. Milne, Bruceton Mills, Preston County, for the term ending June 30, 2023.

65.                  For Member, Eastern West Virginia Community and Technical College Board of Governors, Junior Helmick, Parsons, Tucker County, for the term ending June 30, 2020.

66.                  For Member, Eastern West Virginia Community and Technical College Board of Governors, Greg Greenwalt, Moorefield, Hardy County, for the term ending June 30, 2020.

67.                  For Member, Children’s Health Insurance Plan Board, Kellie Wooten-Willis, Logan, Logan County, for the term ending June 30, 2019.

68.                  For Member, Children’s Health Insurance Plan Board, Larry Hudson, Cross Lanes, Kanawha County, for the term ending June 30, 2017.

69.                  For Member, Children’s Health Insurance Plan Board, Margie Hale, Charleston, Kanawha County, for the term ending June 30, 2019.

70.                  For Member, Children’s Health Insurance Plan Board, Joshua Austin, Charleston, Kanawha County, for the term ending June 30, 2019.

71.                  For Member, Children’s Health Insurance Plan Board, Janet Allio, Elkview, Kanawha County, for the term ending June 30, 2018.

72.                  For Member, Fairmont State University Board of Governors, Christopher Courtney, Bridgeport, Harrison County, for the term ending June 30, 2020.

73.                  For Member, Fairmont State University Board of Governors, Frank Washenitz, Fairmont, Marion County, for the term ending June 30, 2019.

74.                  For Member, Fairmont State University Board of Governors, John Myers, Morgantown, Monongalia County, for the term ending June 30, 2019.

75.                  For Member, Fairmont State University Board of Governors, Debbie Prezioso, Fairmont, Marion County, for the term ending June 30, 2020.

76.                  For Member, Fairmont State University Board of Governors, William T. Holmes, Fairmont, Marion County, for the term ending June 30, 2020.

77.                  For Member, Shepherd University Board of Governors, Tia McMillan, Martinsburg, Berkeley County, for the term ending June 30, 2020.

78.                  For Member, Shepherd University Board of Governors, Gat Caperton, Berkeley Springs, Morgan County, for the term ending June 30, 2019.

79.                  For Member, Shepherd University Board of Governors, Ramon A. Alvarez, Charles Town, Jefferson County, for the term ending June 30, 2020.

80.                  For Member, West Virginia State University Board of Governors, Mark W. Kelley, Charleston, Kanawha County, for the term ending June 30, 2017.

81.                  For Member, Racing Commission, Bill Phillips, Jr., Elkins, Randolph County, for the term ending April 1, 2020.

82.                  For Member, Racing Commission, Greg McDermott, Wheeling, Ohio County, for the term ending April 1, 2020.

83.                  For Member, Racing Commission, Jack Rossi, Charleston, Kanawha County, for the term ending April 1, 2020.

84.                  For Chief Administrative Law Judge, Office of Tax Appeals, Heather G. Harlan, South Charleston, Kanawha County, for the term end June 30, 2020.

85.                  For Member, Miners’ Health, Safety and Training Board of Appeals, Theodore Hapney, Reedy, Roane County, for the term ending June 30, 2021.

86.                  For Member, West Liberty University Board of Governors, Jack C. Adams, McMurray, Pennsylvania, for the term ending June 30, 2020.

87.                  For Member, West Liberty University Board of Governors, Leslie DeFelice, Dillonvale, Ohio, for the term ending June 30, 2020.

88.                  For Member, West Liberty University Board of Governors, Christine N. Carder, Wheeling, Ohio County, for the term ending June 30, 2020.

89.                  For Member, West Liberty University Board of Governors, Lucinda L. Fluharty, Wheeling, Ohio County, for the term ending June 30, 2020.

90.                  For Member, West Liberty University Board of Governors, Richard A. Lucas, Wheeling, Ohio County, for the term ending June 30, 2018.

91.                  For Member, West Liberty University Board of Governors, Kristina Williams, Gibsonia, Pennsylvania, for the term ending June 30, 2017.

92.                  For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Howard W. Lafferty, Charleston, Kanawha County, for the term ending June 30, 2018.

93.                  For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Tonya Painter, Fairlea, Greenbrier County, for the term ending June 30, 2018.

94.                  For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Rosemary Veltri Trupo, Bridgeport, Harrison County, for the term ending June 30, 2019.

95.                  For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Kimberly Hoffman, St. Albans, Kanawha County, for the term ending June 30, 2019.

96.                  For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Sheryl L. Snead, Princeton, Mercer County, for the term ending June 30, 2017.

97.                  For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, P. David Ratcliff, Jr., Bluefield, Mercer County, for the term ending June 30, 2019.

98.                  For Member, New River Community and Technical College Board of Governors, Tom Lemke, Daniels, Raleigh County, for the term ending June 30, 2020.

99.                  For Member, New River Community and Technical College Board of Governors, Shirley Runyon, Lewisburg, Greenbrier County, for the term ending June 30, 2020.

100.               For Member, New River Community and Technical College Board of Governors, The Honorable Linda Sumner, Beckley, Raleigh County, for the term ending June 30, 2020.

101.               For Member, West Virginia Board of Medicine, Harry E. Duncan, Charleston, Kanawha County, for the term ending September 30, 2020.

102.               For Member, West Virginia Board of Medicine, David A. Mullins, Princeton, Mercer County, for the term ending September 30, 2020.

103.               For Member, Human Rights Commission, Wesley Dobbs, Carolina, Marion County, for the term ending June 30, 2019.

104.               For Member, Human Rights Commission, Karl Gattlieb, Charleston, Kanawha County, for the term ending June 30, 2019.

105.               For Member, Human Rights Commission, Randall G. Morgan, Charleston, Kanawha County, for the term ending June 30, 2018.

106.               For Member, Human Rights Commission, The Honorable Marie E. Redd, Huntington, Cabell County, for the term ending June 30, 2019.

107.               For Member, West Virginia University Board of Governors, J. Thomas Jones, Morgantown, Monongalia County, for the term ending June 30, 2020.

108.               For Member, West Virginia University Board of Governors, James Robert Rogers, Ponte Vedra Beach, Florida, for the term ending June 30, 2020.

109.               For Member, West Virginia University Board of Governors, Taunja Willis-Miller, Morgantown, Monongalia County, for the term ending June 30, 2020.

110.               For Member, West Virginia University Board of Governors, Marty Becker, Charleston, Kanawha County, for the term ending June 30, 2019.

111.               For Member, Public Employees Insurance Agency Finance Board, Joshua Sword, South Charleston, Kanawha County, for the term ending June 30, 2020.

112.               For Member, Public Employees Insurance Agency Finance Board, Bill Ihlenfeld, Wheeling, Ohio County, for the term ending June 30, 2020.

113.               For Member, Public Employees Insurance Agency Finance Board, William Milam, Charleston, Kanawha County, for the term ending June 30, 2020.

114.               For Member, Southern West Virginia Community and Technical College Board of Governors, Kevin Hill, Foster, Boone County, for the term ending June 30, 2019.

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 Boley, consideration of the nominations immediately hereinbefore reported was made a special order of business for Tuesday, September 20, 2016, at 11 a.m.

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

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

September 18, 2016

SENATE EXECUTIVE MESSAGE NO. 2

2016 SECOND EXTRAORDINARY SESSION

The Honorable William P. Cole III

President, West Virginia Senate

Building 1, Room M-229

1900 Kanawha Boulevard, East

Charleston, West Virginia 25305

Dear President Cole:

            The following replaces the “General Revenue Fund – Statement of Revenues, Expenditures, and Changes in Cash Balance” which I submitted to you on January 13, 2016 as part of my recommended Budget for the fiscal year ending June 30, 2017.

 

General Revenue Fund

Statement of Revenues, Expenditures

and Changes in Cash Balance

 

              Beginning Cash Balance July 1, 2016                                                                               $     371,422,528

Less:     31 Day Disbursements (including adjustments) (July 1, 2016 - July 31, 2016)               (58,945,556)

Plus:     Accumulated Prior Year Reimbursements (July 1, 2016 - July 31, 2016)                                   87,523

Less:     Prior Year Appropriations Forwarded                                                                                    (283,014,937)

Less:     Cash Balance Adjustments and Accruals                                                                                   (742,662)

              Accumulated General Revenue Surplus @ July 31, 2016                                             $       28,806,896

 

Less:     Transfer one-half to Revenue Shortfall Reserve Fund (Statutory)                                    (14,403,448)

Less:     Surplus Appropriation (FY 2017 Budget Bill SB 1013 -

                          2016 1st Extraordinary Session)                                                                                     (5,500,000)

Plus:     Accumulated Prior Year Reimbursements (August 1, 2016 - September 15, 2016)                              158,837

              Unappropriated Surplus Balance @ September 15, 2016                                             $         9,062,285

 

Plus:     Recommended Expiration (from Lottery) to Surplus

                          (2016 2nd Extraordinary Session)                                                                                     13,700,000     

Plus:     Recommended Expiration (from Excess Lottery) to Surplus

                          (2016 2nd Extraordinary Session)                                                                                       7,300,000

 

 

 

Plus:     Recommended Expiration (from Rainy Day) to Surplus

                          (2016 2nd Extraordinary Session)                                                                                     55,000,000

Less:     Recommended Surplus Supplemental Appropriation

                          (2016 2nd Extraordinary Session)                                                                                (85,000,000)

        Estimated Unappropriated Surplus Balance @ June 30, 2017                                                                              $    62,285

 

Plus:     Revenue Estimate FY 2017                                                                                                    4,187,419,000

Less:     Regular Appropriations FY 2017 (FY 2017 Budget Bill SB 1013 -

                          2016 1st Extraordinary Session)                                                                            (4,187,373,287)

              Estimated Unappropriated Balance from FY 2017 @ June 30, 2017                                                            $           45,713

                                                                                                                                                                                                                             

              Total Estimated Unappropriated Surplus Balance @ June 30, 2017                                                              $         107,998

 

 

              The following replaces the “Lottery Fund – Statement of Revenues, Expenditures, and Changes in Cash Balance” which I submitted to you on January 13, 2016 as part of my recommended Budget for the fiscal year ending June 30, 2017.

 

Lottery Fund

Statement of Revenues, Expenditures

and Changes in Cash Balance

 

              Balance July 1, 2016                                                                                                            $       61,831,572

Less:     Reserve for Cash Flow and Contingencies                                                                              (40,000,000)

Less:     Surplus Appropriations (FY 2017 Budget Bill SB 1013 -

                          2016 1st Extraordinary Session)                                                                                     (8,000,000)

              Unappropriated Balance @ July 1, 2016                                                                         $       13,831,572

 

Plus:     FY 2017 Revenue Estimate                                                                                                       135,961,119 

Less:     Veterans Fund                                                                                                                                    (400,000)

Less:     FY 2017 Appropriations (FY 2017 Budget Bill SB 1013 -

                          2016 1st Extraordinary Session)                                                                                (135,561,119)

              Unappropriated Balance @ September 18, 2016                                                           $       13,831,572

 

Less:     Recommended Cash Expiration

                          (2016 2rd Extraordinary Session)                                                                                 (13,700,000)

 

              Estimated Unappropriated Balance @ June 30, 2017                                                                                       $         131,572

 

              The following replaces the “Excess Lottery Fund – Statement of Revenues, Expenditures, and Changes in Cash Balance” which I submitted to you on January 13, 2016 as part of my recommended Budget for the fiscal year ending June 30, 2017.

 

Excess Lottery Fund

Statement of Revenues, Expenditures

and Changes in Cash Balance

 

              Balance July 1, 2016                                                                                                            $       73,360,388

Less:     Reserve for Cash Flow and Contingencies                                                                                (5,900,000)

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

Less:     Surplus Appropriations (FY 2017 Budget Bill SB 1013 -

                          2016 1st Extraordinary Session)                                                                                   (30,000,000)

              Unappropriated Balance @ July 1, 2016                                                                         $         7,460,388

 

 

 

Plus:     FY 2017 Revenue Estimate                                                                                                       284,459,230 

Less:     FY 2017 Appropriations (FY 2017 Budget Bill SB 1013 -

                          2016 1st Extraordinary Session)                                                                                (284,459,230)

              Unappropriated Balance @ September 18, 2016                                                           $         7,460,388

 

Less:     Recommended Cash Expiration

                          (2016 2rd Extraordinary Session)                                                                                   (7,300,000)

 

              Estimated Unappropriated Balance @ June 30, 2017                                                                                       $         160,388

 

           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 then proceeded to the sixth order of business.

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

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

            Senate Bill 2001—A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2017, in the amount of $13,700,000 from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits, in the amount of $7,300,000 from the balance of moneys remaining as an unappropriated balance in the State Excess Lottery Revenue Fund, and in the amount of $55,000,000 from the Department of Revenue, Office of the Secretary – Revenue Shortfall Reserve Fund, fund 7005, fiscal year 2017, organization 0701, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Governor’s Office – Civil Contingent Fund, fund 0105, fiscal year 2017, organization 0100, by supplementing and amending the appropriation for the fiscal year ending June 30, 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.

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

Senator Carmichael moved that the Senate adjourn until tomorrow, Monday, September 19, 2016, at 11 a.m.

The question being on the adoption of Senator Carmichael=s motion, and on this question, Senator Carmichael demanded the yeas and nays.

The roll being taken, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Facemire, Gaunch, Hall, Karnes, Kirkendoll, Laird, Leonhardt, Miller, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Trump, Walters, Williams, Woelfel, Yost, and Cole (Mr. President)—26.

The nays were: None.

Absent: Cline, Ferns, Kessler, Maynard, Mullins, Prezioso, Takubo, and Unger—8.

So, a majority of those present and voting having voted in the affirmative, the President declared Senator Carmichael=s motion had prevailed.

In accordance with the foregoing motion, the Senate adjourned until tomorrow, Monday, September 19, 2016, at 11 a.m.

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