WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2016
SECOND DAY
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Charleston, West Virginia, Monday, September 19, 2016
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by the Honorable Charles S. Trump IV, a senator from the fifteenth district.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Dave Sypolt, a senator from the fourteenth district.
Pending the reading of the Journal of Sunday, May 18, 2016,
At the request of Senator Williams, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.
The Clerk presented the following communication from a state agency as required by the provisions of law:
Occupational Therapy, Board of (§30-1-12)
The Senate proceeded to the third order of business.
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. House Bill 201—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.
On motion of Senator Carmichael, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—32.
The nays were: None.
Absent: Mullins and Prezioso—2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. 201) was then read a third time and put upon its passage.
Pending discussion,
The question being “Shall Engrossed House Bill 201 pass?”
On the passage of the bill, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—32.
The nays were: None.
Absent: Mullins and Prezioso—2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 201) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—32.
The nays were: None.
Absent: Mullins and Prezioso—2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 201) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Thereafter, at the request of Senator Carmichael, unanimous consent being granted, the remarks by Senators Walters, Miller, Boso, Kessler and Snyder regarding the passage of Engrossed House Bill 201 were ordered printed in the Appendix to the Journal.
The Senate proceeded to the ninth order of business.
Senate Bill 2001, Expiring funds and appropriating moneys from certain accounts into Civil Contingent Fund.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Carmichael, the bill was referred to the Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Ashley.
Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senator Ashley were ordered printed in the Appendix to the Journal.
Pending announcement of a minority party caucus,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Tuesday, September 20, 2016, at 11 a.m.
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