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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

EXTENDED SESSION, 2014

SIXTY-FOURTH DAY

____________

Charleston, W. Va., Wednesday, March 12, 2014

    The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by the Honorable Ronald F. Miller, a senator from the tenth district, and Pastor, Shuck Memorial Baptist Church, Lewisburg, West Virginia, and West Point Baptist Church, Asbury, West Virginia.

    Pending the reading of the Journal of Tuesday, March 11, 2014,

    On motion of Senator Cann, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the third order of business.

Executive Communications

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

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 11, 2014

Senate Executive Message No. 6

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear President Kessler:

    The following amends and replaces the “FY 2015 Official Estimate General Revenue – Statement of Revenues by Source” which I submitted to you on January 8, 2014, as part of my Budget Document for the fiscal year ending June 30, 2015:

General Revenue Fund

Statement of Revenues by Source

(Expressed in Thousands)

                                                    FY 2015

                                                   Official

Source of Revenue                          Estimate Revised


Business and Occupation Tax                     $ 107,000

Consumers Sales and Use Tax                       1,253,5001

Personal Income Tax                               1,809,600

Liquor Profit Transfers                              16,000

Racing Fees0

Beer Tax and Licenses8,350

Tobacco Products Tax (Cigarette & Other)                                                         105,000

Estate Tax0

Business Franchise Fees650

Charter Tax0

Property Transfer Tax12,500

Property Tax6,700

Insurance Tax117,600

Departmental Collections17,600

Corporate Income/Business Franchise Tax                                                          201,5002

Miscellaneous Transfers1,000

Interest Income1,500

Severance Tax474,600

Telecommunication Tax0

Miscellaneous Receipts17,800

HB102 - Lottery Transfers92,600

Video Lottery Transfers0

Liquor License Renewal451

Senior Citizen Tax Credit Reimbursement                                                        10,000

 

Total$4,253,9513

 

1 Revised from $1,266,500 to $1,253,500 – decrease of $13,000 due to failure of HB4155/SB334 during the 2014 Regular Legislative Session.

 

2 Revised from $205,800 to $201,500 – decrease of $4,300 due to failure of HB4157/SB329 during the 2014 Regular Legislative Session.

 

3 Revised from $4,271,251 to $4,253,951 – decrease of $17,300.

 

The following amends and replaces the “Excess Lottery Fund – Statement of Revenues, Expenditures, and Changes in Cash Balance” which I submitted to you on January 8, 2014, as part of my Budget Document for the fiscal year ending June 30, 2015:

Excess Lottery Fund

Statement of Revenues, Expenditures and Changes in Cash Balance

(Nearest Dollar)

 

Balance @ July 1, 2012$126,802,497

Less Reserve for Cash Flow/Contingencies                                                          (5,300,000)

Less Catastrophic Event Contingency                                                              (30,000,000)

Plus FY 2013 Actual Revenue 295,588,465

Available for FY 2013 Appropriations                                                           $387,090,962

Less FY 2013 Appropriations (net of vetos)                                                     (290,564,890)

Plus Cash not needed for FY 2013 Appropriations                                                 17,899

Unappropriated Balance @ June 30, 2013                                                         $ 96,543,971

Plus FY 2014 Revenue Estimate$256,522,000

Less FY 2014 Regular Appropriations                                                            (256,522,000)

Less FY 2014 Appropriations from available surplus                                              (29,111,465)

Plus Cash not needed for FY 2014 Appropriations                                                      20,217

Less FY 2014 Supplemental Appropriation

 2014 Regular Session)

 SB341 DHHR - Medicaid - Basebuilding funding       (67,432,506)

Estimated Unappropriated Balance @ June 30, 2014   $ 20,217

Plus FY 2015 Revenue Estimate 1                     $241,651,000

Less FY 2015 Regular Appropriations

 (2014 Regular Session)                            (241,651,000)

Estimated Unappropriated Balance @ June 30, 2015   $ 20,217

 

1 FY 2015 revenue estimate revised from $260,776,000 to $241,651,000 – decrease of $19,125,000 due to failure of HB4333 during the 2014 Regular Legislative Session.

 

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.

    Senator Unger then moved that the Senate recess until 6 p.m. today.

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

    The roll being taken, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons, D. Hall, M. Hall, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Green and Jenkins--3.

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

    In accordance with the foregoing motion, the Senate recessed until 6 p.m. today.

    Upon expiration of the recess, the Senate reconvened and resumed business under the third order.

Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, extending this current legislative session until and including the fourteenth day of March, two thousand fourteen, which was received and 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

    WHEREAS, Pursuant to Subsection D, Article VI, Section 51 of the Constitution of West Virginia, a proclamation was issued on the fifth day of March, two thousand fourteen, extending the two thousand fourteen regular session of the Legislature for consideration of the Budget Bill through the twelfth day of March, two thousand fourteen; and

    WHEREAS, It is necessary to further extend the two thousand fourteen regular session of the Legislature for passage of the Budget Bill.

    NOW, THEREFORE, I, EARL RAY TOMBLIN, GOVERNOR of the State of West Virginia, do hereby issue this Proclamation, in accordance with Subsection D, Article VI, Section 51 of the Constitution of West Virginia, to extend the two thousand fourteen regular session of the Legislature for consideration of the Budget Bill for an additional period of two days, through and including the fourteenth day of March, two thousand fourteen; but no matters other than the Budget Bill shall be considered during this extension of the session, except providing for the cost thereof.

    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, on this the twelfth day of March, in the year of our Lord, Two Thousand Fourteen, and in the One Hundred Fifty-First year of the State.

  EARL RAY TOMBLIN,

    Governor.

By the Governor:

 NATALIE E. TENNANT,

    Secretary of State.

    Senator Unger then moved that the Senate adjourn until tomorrow, Thursday, March 13, 2014, at 1 p.m.

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

    The roll being taken, the yeas were: Beach, Blair, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Kirkendoll, McCabe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams and Kessler (Mr. President)--26.

    The nays were: None.

    Absent: Barnes, Boley, Cann, Jenkins, Laird, Miller, Nohe and Yost--8.

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

    In accordance with the foregoing motion, the Senate adjourned until tomorrow, Thursday, March 13, 2014, at 1 p.m.

__________

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