WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-THIRD LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2018
FIRST DAY
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Charleston, West Virginia, Sunday, May 20, 2018
Pursuant to the proclamation of His Excellency, the Governor, the Honorable Jim Justice, dated the eighteenth day of May, two thousand eighteen, convening the eighty-third Legislature of West Virginia in extraordinary session today (Sunday, May 20, 2018), 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 six o’clock p.m., and was called to order by its President, the Honorable Mitch Carmichael.
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 Arvon, Azinger, Baldwin, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Gaunch, Jeffries, Mann, Maynard, Palumbo, Plymale, Prezioso, Romano, Rucker, Stollings, Swope, Sypolt, Trump, Unger, Woelfel, and Carmichael (Mr. President).
Twenty-six members having answered to their names, the President declared the presence of a quorum.
Executive Communications
Senator Carmichael (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, JIM JUSTICE, 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 six p.m. on the twentieth day of May, Two Thousand Eighteen, in its chambers in the State Capitol, City of Charleston, for the limited purpose of considering and acting upon the following matters:
FIRST A bill that continues the Division of Culture and History as the Department of Arts, Culture and History with a curator of Arts, Culture and History, and that organizes the West Virginia Educational Broadcasting Authority and the State Library Commission within the department; and
SECOND: A bill to amend sections contained in Enrolled Committee Substitute for Senate Bill 625 to eliminate the one-payment requirement and provide for a distribution of payments consistent with intestate statutes if there is no beneficiary designated by the decedent, and to provide a retroactive effective date of January 1, 2018; and
THIRD: A bill to amend sections contained in Enrolled Committee Substitute of House Bill 4015 to address technical issues, provide clarifying language, and modify rulemaking and reporting requirements; and
FOURTH: A bill to amend sections contained in Enrolled Committee Substitute for House Bill 4169 to correct technical issues, provide rulemaking authority, provide clarifying language, and modifying criminal penalties; and
FIFTH: A bill returning to original introduced language for Section 7. A. 2 and 7.A. 3; 7.C.5; Section 9.A; and Section 10.D.2; all contained in WV Code 30-41-2 in Enrolled Committee Substitute for Senate Bill 456; and
SIXTH: A bill to modify dates and deadlines related to the sale of tax delinquent property; and
SEVENTH: A supplemental appropriation bill to fund 0407, fiscal year 2019, organization 0506, of the Department of Health and Human Resources — Division of Health — Central Office; and
EIGTH: A surplus supplemental appropriation bill to fund 0433, fiscal year 2018, organization 0603, of the Department of Military Affairs and Public Safety — Adjutant General — State Militia; and to fund 0546, fiscal year 2018, organization 0620, of the Department of Military Affairs and Public Safety — Division of Justice and Community Services; and
NINTH: 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 eighteenth day of May, in the year of our Lord, Two Thousand Eighteen, and in the One Hundred Fifty-Fifth year of the State.
JIM JUSTICE
GOVERNOR
By the Governor
MAC WARNER
SECRETARY OF STATE
At the request of Senator Trump, unanimous consent being granted, Senator Trump offered the following resolution from the floor:
Senate Resolution 101—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 Trump, 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, Sypolt, and Romano.
Subsequently, Senator Maynard, 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 Ambler, Sypolt, 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 Trump, unanimous consent being granted, Senator Trump offered the following resolution from the floor:
Senate Resolution 102—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 Trump, 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 Cline, Swope, and Jeffries.
A message from the House of Delegates, by
Delegates Kelly, Sobonya, and Hicks, 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 102. Senate and House members of this select committee then proceeded to the executive offices.
Subsequently, Senator Cline reported that the joint Senate and House committee had performed the duty assigned to it.
The Senate proceeded to the third order of business.
Executive Communications
Senator Carmichael (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
Jim Justice
Governor of West Virginia
May 20, 2018
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 Acting Secretary, Department of Education and the Arts, W. Clayton Burch, Culloden, Cabell County, to serve at the will and pleasure of the Governor.
2. For Member, West Virginia Northern Community and Technical College Board of Governors, Richard Barnabei, Weirton, Hancock County, for the term ending June 30, 2020.
3. For Executive Director, School Building Authority, David L. Roach, Huntington, Cabell County, to serve at the will and pleasure of the Governor.
4. For Acting Executive Director, Human Rights Commission, Cameron S. McKinney, Alum Creek, Lincoln County, to serve at the will and pleasure of the Governor.
5. For Member, Consolidated Public Retirement Board, C. Jeffrey Vallet, Chapmanville, Logan County, for the term ending June 30, 2022.
6. For Member, Consolidated Public Retirement Board, Joseph G. Bunn, Charleston, Kanawha County, for the term ending June 30, 2022.
7. For Member, Environmental Quality Board, Marybeth Winters, Beckley, Raleigh County, for the term ending June 30, 2018.
8. For Member, Higher Education Policy Commission, Donna L. Schulte, Princeton, Mercer County, for the term ending June 30, 2021.
9. For Member, Women’s Commission, Michelle Barnes Russell, Martinsburg, Berkeley County, for the term ending June 30, 2020.
10. For Member, Women’s Commission, Diana L. Johnson, Charleston, Kanawha County, for the term ending June 30, 2020.
11. For Member, Women’s Commission, Beth A. Ross, Daniels, Raleigh County, for the term ending June 30, 2020.
12. For Member, Women’s Commission, Gerald Hayden, Beckley, Raleigh County, for the term ending June 30, 2020.
13. For Member, West Virginia Children’s Health Insurance Board, Lisa M. Costello, Morgantown, Monongalia County, for the term ending June 30, 2019.
14. For Member, Education Commission of the States, Steven L. Paine, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
15. For Member, Board of Directors of the West Virginia United Health System, The Honorable Kevin J. Craig, Huntington, Cabell County, for the term ending October 15, 2022.
16. For Member, Board of Directors of the West Virginia United Health System, Bernard P. Twigg, Glen Dale, Marshall County, for the term ending October 15, 2020.
17. For Member, Board of Directors of the West Virginia United Health System, Ellen S. Cappellanti, Charleston, Kanawha County, for the term ending October 15, 2018.
18. For Member, Bluefield State College Board of Governors, Jesse Calloway, Chesterfield, Virginia, for the term ending June 30, 2021.
19. For Member, Driver’s Licensing Advisory Board, Kylen Whipp, Morgantown, Monongalia County, for the term ending June 30, 2019.
20. For Member, Driver’s Licensing Advisory Board, Jason Peklinsky, Morgantown, Monongalia County, for the term ending June 30, 2018.
21. For Member, National Coal Heritage Area Authority, James C. Gaal, Hinton, Summers County, for the term ending June 30, 2019.
22. For Member, National Coal Heritage Area Authority, William R. Archer, Bluefield, Mercer County, for the term ending June 30, 2020.
23. For Member, National Coal Heritage Area Authority, David W. Hatfield, Matewan, Mingo County, for the term ending June 30, 2021.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Jim Justice
Governor
cc: Clerk of the Senate
Assistant Clerk of the Senate
Senate Confirmations Chair
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 Monday, May 21, 2018, at 12 Noon.
The following communication from His Excellency, the Governor, was next reported by the Clerk:
Jim Justice
Governor of West Virginia
May 20, 2018
SENATE EXECUTIVE MESSAGE NO. #2
2018 FIRST EXTRAORDINARY SESSION
The Honorable Mitch Carmichael
President, West Virginia Senate
Building 1, Room M-229
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305
Dear President Carmichael:
The following amends and replaces the FY 2018 “General Revenue Fund – Statement of Revenues, Expenditures, and Changes in Cash Balance” which I submitted to you on January 10, 2018 as part of my Budget Document for the fiscal year ending June 30, 2019.
General Revenue Fund
Statement of Revenues, Expenditures,
and Changes in Cash Balance
(Nearest Dollar)
Actual Beginning Cash Balance July 1, 2017 $ 398,066,711
Less: 31 Day Disbursements (July 1, 2017 - July 31, 2017) (35,856,031)
Plus: Prior Year Reimbursements (July 1, 2017 - July 31, 2017) 20
Less: Prior Year Appropriations Forwarded (285,143,465)
Less: Cash Balance - Adjustments and Accruals (1,023,695)
Accumulated Surplus from FY 2017 @July 31, 2017 $ 76,043,540
Less: Transfer to Revenue Shortfall Reserve Fund (Statutory) (38,021,770)
Less: FY 2018 Surplus Appropriation (FY 2018 Budget Bill) (38,021,770)
Plus: FY 2018 Surplus Appropriation (2018 Regular Session)
SB633 (Expire Special Rev) 1,620,000
Less: FY 2018 Surplus Appropriation (2018 Regular Session) SB633 (1,620,000)
Plus: Prior Year Reimbursements and adjustments
(August 1, 2017 – May 16, 2018) 2,586,819
Less: Recommended FY 2018 Surplus Appropriations
(2018 1st Special Session) 1,050,000
Estimated Unappropriated Surplus Balance @ June 30, 2018 $1,536,819
Plus: FY 2018 Revenue Estimate $4,225,050,000
Less: FY 2018 Appropriations (4,225,050,000)
Plus: FY 2018 Appropriations (FY 2018 Budget Bill) veto 0
Estimated Unappropriated Balance from FY 2018 Activity @ June 30, 2018 $0
Plus: FY 2019 Revenue Estimate $4,439,920,000
Less: FY 2019 Appropriations (FY 2019 Budget Bill) (4,381,808,884)
(2018 Regular Session)
Estimated Unappropriated Balance from FY 2019 Activity @June 30, 2019 $58,111,116
Total Estimated Unappropriated Balance @June 30, 2019 $59,647,935
Note: General Revenue FY 2019 Surplus Appropriations of up to $13,765,000 are to be appropriated from any available surplus balance remaining at the end of FY 2018.
Thank you for your cooperation in this matter.
Sincerely,
Jim Justice
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 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 Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate Bill 1001—A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended, as contained in Chapter 105, Acts of the Legislature, Regular Session, 2018; and to amend and reenact §29-1-1 and §29-1-2 of said code, all relating to the Division of Culture and History continuing as the Department of Arts, Culture and History; providing that the Library Commission and the West Virginia Educational Broadcasting Authority shall be organized within the Department of Arts, Culture and History for administrative support; providing that any references throughout this code to the “Commissioner of Culture and History” means the “Curator of Arts, Culture and History” and any references throughout this code to the “Division of Culture and History” means the “Department of Arts, Culture and History”; organizing the Department of Arts, Culture and History as a separate independent agency within the Executive Branch; continuing the Commissioner of Culture and History as the Curator of Arts, Culture and History; specifying that the curator reports directly to Governor in furtherance of purposes and duties of the department; specifying the role of the curator; and specifying that the curator is to represent the department as a full participating member in meetings of department secretaries convened by the Governor.
At the request of Senator Trump, 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.
By Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate Bill 1002—A Bill to amend and reenact §5H-1-2 of the Code of West Virginia, 1931, as amended, as contained in Chapter 211, Acts of the Legislature, Regular Session, 2018, relating to the West Virginia Fire, EMS, and Law-Enforcement Officer Survivor Benefit Act; creating a retroactive effective date; deleting a one-payment requirement for the benefit; requiring benefit distribution be consistent with the intestate statutes when no beneficiary documents are found; requiring the fire, EMS, or law-enforcement program to provide documentation of surviving spouse, descendants, or parents of the decedent; and correcting terms for consistency of requirements.
At the request of Senator Trump, 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.
By Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate Bill 1003—A Bill to amend and reenact §5A-12-5, §5A-12-6, §5A-12-7, and §5A-12-10 of the Code of West Virginia, 1931, as amended, as contained in Chapter 106, Acts of the Legislature, Regular Session, 2018; and to amend and reenact §17A-3-23, §17A-3-25, and §17A-3-26 of said code, as contained in Chapter 106, Acts of the Legislature, Regular Session, 2018, all relating to the management and inventory of state vehicles; requiring spending units to prepare and maintain a list of all employees provided a state vehicle that sets forth the specific bona fide noncompensatory business reasons for which the state vehicle is being provided to each employee and submit such list to the Fleet Management Division; modifying vehicle log requirements; modifying reporting requirements; eliminating language related to perjury penalties; and eliminating provisions related to traffic citations.
At the request of Senator Trump, 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.
By Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate Bill 1004—A Bill to amend and reenact §15-9A-4 of the Code of West Virginia, 1931, as amended, as contained in Chapter 216, Acts of the Legislature, Regular Session, 2018, relating to modifying the type of businesses and establishments required to post human trafficking assistance notices; modifying the criminal penalties for failure to comply with posting of notices once given notice of lawful duty to post; providing that a business or establishment that does not correct a violation within 30 days from the receipt of notice is guilty of a misdemeanor and, upon a first conviction thereof, shall be fined not more than $250; and providing that a second or subsequent conviction is punishable by a fine of not less than $250 nor more than $500.
At the request of Senator Trump, 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.
By Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate Bill 1005—A Bill to amend and reenact §30-41-2 of the Code of West Virginia, 1931, as amended, as contained in Chapter 177, Acts of the Legislature, Regular Session, 2018, related to creating the Physical Therapy Licensure Compact Act; establishing commission rule-making authority; providing for legal enforcement of compact rules and provisions; establishing proper venue; and retaining sovereign immunity.
At the request of Senator Trump, 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.
By Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate Bill 1006—A Bill to amend and reenact §11A-3-19, §11A-3-20, §11A-3-23, §11A-3-27, §11A-3-55, §11A-3-56, and §11A-3-59 of the Code of West Virginia, 1931, as amended, all relating generally to purchasers of liens securing a deed; amending dates and time frames for securing deeds; allowing property to be redeemed prior to recording of deed; and amending the time frame for notice to be provided or published.
At the request of Senator Trump, 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.
By Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate Bill 1007—A Bill supplementing and amending the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Health and Human Resources, Division of Health – Central Office, fund 0407, fiscal year 2019, organization 0506, by supplementing and amending the appropriations for the fiscal year ending June 30, 2019.
At the request of Senator Trump, 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.
By Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate Bill 1008—A Bill supplementing and amending the appropriations 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 Department of Military Affairs and Public Safety, Adjutant General – State Militia, fund 0433, fiscal year 2018, organization 0603, and to the Department of Military Affairs and Public Safety, Division of Justice and Community Services, fund 0546, fiscal year 2018, organization 0620, by supplementing and amending the appropriations for the fiscal year ending June 30, 2018.
At the request of Senator Trump, 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,
On motion of Senator Trump, at 6:33 p.m., the Senate adjourned until tomorrow, Monday, May 21, 2018, at 12 Noon.
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