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Senate Journal


Day 01 (05-04-2017) - [PDF]
Day 02 (05-05-2017) - [PDF]
Day 12 (05-15-2017) - [PDF]
Day 13 (05-16-2017) - [PDF]
Day 14 (05-17-2017) - [PDF]
Day 15 (05-18-2017) - [PDF]
Day 16 (05-19-2017) - [PDF]
Day 19 (05-22-2017) - [PDF]
Day 20 (05-23-2017) - [PDF]
Day 21 (05-24-2017) - [PDF]
Day 33 (06-05-2017) - [PDF]
Day 34 (06-06-2017) - [PDF]
Day 35 (06-07-2017) - [PDF]
Day 36 (06-08-2017) - [PDF]
Day 37 (06-09-2017) - [PDF]
Day 40 (06-12-2017) - [PDF]
Day 41 (06-13-2017) - [PDF]
Day 42 (06-14-2017) - [PDF]
Day 43 (06-15-2017) - [PDF]
Day 44 (06-16-2017) - [PDF]
Day 54 (06-26-2017) - [PDF]

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2017

FIRST DAY

____________

Charleston, West Virginia, Thursday, May 4, 2017

            Pursuant to the proclamation of His Excellency, the Governor, the Honorable Jim Justice, dated the third day of May, two thousand seventeen, convening the eighty-third Legislature of West Virginia in extraordinary session today (Thursday, May 4, 2017), 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 eleven o’clock a.m., and was called to order by its President, the Honorable Mitch Carmichael.

            Prayer was offered by the Honorable Ronald F. Miller, a senator from the tenth 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 Azinger, Beach, Blair, Boley, Boso, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President).

            Thirty-two 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 eleven a.m. on the fourth day of May, Two Thousand Seventeen, 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 relating to taxation, including: reducing number of classifications and rates of personal income tax as of January 1, 2018; providing phase-out of personal income tax and specifying triggering events; exempting military retirement from personal income tax after specified date; increasing rate of corporate net income tax as of specified date; increasing rate of consumers sales and service tax as of specified date and exemptions related thereto; imposing temporary additional income tax on persons with West Virginia taxable incomes of $300,000 or more as of specified date; imposing graduated rate severance tax on privilege of producing coal as of specified date; imposing graduated rate severance tax on privilege of producing natural gas sale, profit or commercial use as of a specified date; increasing rate of tax credit for qualified rehabilitation expenditures on historical structures;

SECOND: A bill increasing the State Road Fund by raising DMV fees and motor fuel excise taxes;

THIRD: A bill relating generally to the West Virginia Parkway Authority;

FOURTH: A bill increasing teacher salaries;

FIFTH: 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 third day of May, in the year of our Lord, Two Thousand Seventeen, and in the One Hundred Fifty-Fourth year of the State.

JIM JUSTICE

GOVERNOR

By the Governor

    MAC WARNER

            SECRETARY OF STATE

            At the request of Senator Ferns, unanimous consent being granted, Senator Ferns 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 Ferns, 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, Cline and Jeffries.

            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 Harshbarger, Rowan and Hartman, 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 Ferns, unanimous consent being granted, Senator Ferns 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 Ferns, 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 Mann, Takubo and Ojeda.

            A message from the House of Delegates, by

            Delegates Summers, Frich and Lynch, 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 Mann reported that the joint Senate and House committee had performed the duty assigned to it.

            On motion of Senator Ferns, the Senate recessed until 3 p.m. today.

            Upon expiration of the recess the Senate reconvened and 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 4, 2017

Senate Executive Message 1

First Extraordinary Session 2017

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, West Virginia Board of Physical Therapy, D.C. Offutt, Jr., Barboursville, Cabell County, for the term ending June 30, 2019.

2.                    For Member, West Virginia Board of Physical Therapy, Jessica Santrock, Culloden, Lincoln County, for the term ending June 30, 2020.

3.                    For Member, Council for Community and Technical College Education, Charles A. Parker, Ripley, Jackson County, for the term ending December 20, 2018.

4.                    For Member, Council for Community and Technical College Education, Kenneth Boggs, Keyser, Mineral County, for the term ending December 20, 2019.

5.                    For Member, Council for Community and Technical College Education, Tracy Karin Miller, Bridgeport, Harrison County, for the term ending December 20, 2018.

6.                    For Member, Council for Community and Technical College Education, The Honorable Harry Keith White, Gilbert, Mingo County, for the term ending December 20, 2020.

7.                    For Member, West Virginia Board of Education, Debra K. Sullivan, Charleston, Kanawha County, for the term ending November 4, 2025.

8.                    For Member, West Virginia Board of Education, Joseph Wallace, Elkins, Randolph County, for the term ending November 4, 2024.

9.                    For Member, Unemployment Compensation Board of Review, The Honorable Jack Yost, Wellsburg, Brooke County, for the term ending January 1, 2023.

10.                  For Member, Municipal Home Rule Board, Brian Jones, Morgantown, Monongalia County, to serve at the will and pleasure of the Governor.

11.                  For Member, Municipal Home Rule Board, Mark A. Polen, Cross Lanes, Kanawha County, to serve at the will and pleasure of the Governor.

12.                  For Member, National Coal Heritage Area Authority, Ralph Triplett, Branchland, Lincoln County, for the term ending June 30, 2021.

13.                  For Member, Industrial Council, Debra Scudiere, Westover, Monongalia County, for the term ending June 30, 2020.

14.                  For Member, Industrial Council, Bengy K. Swanson, Pentress, Monongalia County, for the term ending June 30, 2020.

15.                  For Director/State Forester, West Virginia Division of Forestry, Barry L. Cook, Beckley, Raleigh County, to serve at the will and pleasure of the Governor.

16.                  For Member, Design-Build Board, Richard Forren, Fairmont, Marion County, for the term ending July 7, 2017.

17.                  For Member, Design-Build Board, Roy M. Smith, Beckley, Raleigh County, for the term ending July 7, 2019.

18.                  For Member, Design-Build Board, Ronnie Spradling, St. Albans, Kanawha County, for the term ending July 7, 2019.

19.                  For Member, Design-Build Board, Jim Matheney, Charleston, Kanawha County, for the term ending July 7, 2017.

20.                  For Member, Design-Build Board, Chad Riley, Bridgeport, Harrison County, for the term ending July 7, 2017.

21.                  For Member, Design-Build Board, Keith A. McClanahan, Eleanor, Putnam County, for the term ending July 7, 2019.

22.                  For Member, Design-Build Board, David G. Hammond, Charleston, Kanawha County, for the term ending July 7, 2017.

23.                  For Member, Design-Build Board, Ginny Favede, Wheeling, Ohio County, for the term ending July 7, 2019.

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 Friday, May 5, 2017, at 11 a.m.

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 §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to raising the salary for classroom teachers.

At the request of Senator Ferns, 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 §11-14C-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-15-18b of said code; to amend and reenact §17A-2-13 of said code; to amend and reenact §17A-3-4 of said code; to amend and reenact §17A-4-1 and §17A-4-10 of said code; to amend and reenact §17A-4A-10 of said code; to amend and reenact §17A-7-2 of said code; to amend and reenact §17A-10-3, §17A-10-10 and §17A-10-11 of said code; to amend said code by adding thereto a new section, designated §17A-10-3c; to amend and reenact §17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of said code; to amend and reenact §17C-5A-2a of said code; and to amend and reenact §17D-2-2 of said code, all relating generally to increasing the funding for the State Road Fund by increasing Division of Motor Vehicles administrative fees and motor fuel excise taxes; changing the flat rate component of the motor fuel excise tax from 20.5 cents to 25 cents per invoiced gallon of motor fuel and on each gallon equivalent for alternative fuel; increasing the minimum average wholesale price of motor fuels for purposes of the five percent variable fuel tax as of specified date; deleting superfluous language relating to floorstocks; increasing Division of Motor Vehicles administrative fees, including increasing fees for various documents, records, registrations, certificates, titles, liens, releases, transfers, cards, stickers, decals, licenses and plates; requiring payment of certain fee for each attempt at the written and road skills test; increasing said administrative Division of Motor Vehicles fees every five years on September 1 based on the U. S. Department of Labor, Bureau of Labor Statistics most current Consumer Price Index; imposing annual registration fee for certain alternative fuel vehicles; and specifying effective dates.

At the request of Senator Ferns, 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 repeal §17-16A-18a, §17-16A-23 and §17-16A-30 of the Code of West Virginia, 1931, as amended; to amend and reenact §17-16A-1, §17-16A-5, §17-16A-6, §17-16A-10, § 17-16A-11, §17-16A-13, §17-16A-13a, §17-16A-18, §17-16A-21, §17-16A-22 and §17-16A-29 of said code; to amend said code by adding thereto a new section, designated §17-16A-11a; to amend and reenact §17-16D-3 of said code; to amend said code by adding thereto a new section, designated §17A-2-25; to amend and reenact §17A-3-7 of said code; and to amend said code by adding thereto a new section, designated §17A-10-17, all relating generally to the West Virginia Parkways Authority; defining terms; adding the power of the authority to study, investigate and evaluate, and, if feasible, develop and implement a single fee program, including promulgate rules; adding the power of the authority to impose in connection with any single fee program a flat fee in connection with any or all certificates of passenger motor vehicle registration and renewal thereof by the Division of Motor Vehicles; adding the power of the authority to enter into reciprocal toll enforcement agreements; creating and designating a special revenue account within the State Road Fund known as the State Road Construction Account; authorizing the deposit of proceeds of parkway revenue bonds to the State Road Construction Account; requiring that priority consideration be given to construction, maintenance and repair of public highways and bridges in certain counties within the state when determining expenditures from the State Road Construction Account; creating and designating a special revenue account within the State Treasury known as the West Virginia Parkways Authority Single Fee Program Fund; clarifying notice and public meeting requirements and procedures; clarifying the power of the Parkways Authority to fix rates or tolls for Corridor L toll collection facility; expanding the authority of the Parkways Authority to issue revenue bonds or refunding revenue bonds for parkways’ projects and for the West Virginia Turnpike; eliminating approval by county commissions and establishment by Governor of local committees prior to approval of any parkway project; authorizing electronic toll collection and enforcement of tolls on roads, highways and bridges; adding the power of the Division of Motor Vehicles to act as collection agent for the authority under any single fee program; expanding the grounds for refusing to register a motor vehicle; ability to charge a fee for the single fee program; and creating a misdemeanor offense.

At the request of Senator Ferns, 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.

Petitions

Senator Stollings presented a petition from Linda Lovejoy and fifty-three Boone County residents, requesting construction of a bridge from Route 17 to Powell Creek in Boone County, West Virginia.

Referred to the Committee on Transportation and Infrastructure.

Pending announcement of a meeting of a standing committee of the Senate,

On motion of Senator Ferns, the Senate adjourned until tomorrow, Friday, May 5, 2017, at 11 a.m.

____________

 

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