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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

NINETEENTH DAY

____________

Charleston, West Virginia, Monday, May 22, 2017

The Senate met at 11 a.m.

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

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 Sue Cline, a senator from the ninth district.

Pending the reading of the Journals of Wednesday, May 16, 2017, Thursday, May 17, 2017, and Friday, May 18, 2017,

At the request of Senator Prezioso, unanimous consent being granted, the Journals were approved and the further reading thereof dispensed with.

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. Com. Sub. for House Bill 106—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new Chapter designated as, §6D-1-1, §6D-1-2, §6D-1-3, §6D-1-4, §6D-2-1, §6D-2-2, §6D-3-1, §6D-3-2, §6D-4-1, and §6D-4-2; all relating generally to conditions triggered by failure of the Governor to approve a budget; an emergency appropriation to pay for essential government functions and expenses which must stay in operation and paid for during a temporary shutdown of government services created by the absence of budget bill for a fiscal year; setting forth legislative intent; defining terms; providing the terms, conditions, and limitations of the emergency appropriation; setting forth conditions of furlough of state employees generally; requiring the Board of Public Works to meet and approve plans for the furloughing of employees of the Executive Branch if a budget has not been approved by a certain date and specifying certain employees exempt from furlough; permitting the furlough of state employees generally; specifically, permitting the President of the Senate and Speaker of the House to institute furloughs of certain legislative employees, including employees of the State Senate, the House of Delegates, and employees of the Legislative Auditor and Joint Committee on Government and Finance; permitting Governor and Board of Public Works to furlough certain state employees in the Executive Branch; and authorizing Supreme Court of Appeals to furlough employees and personnel of Supreme Court of Appeals and personnel of circuit courts, family courts and magistrate courts.

            Referred to the Committee on the Judiciary.

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. Com. Sub. for House Bill 107—A Bill to amend and reenact §11-15-3, §11-15-8a, §11-15-9, §11-15-9b and §11-15-9h of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §11-15-3d and §11-15-35; to amend and reenact §11-15A-2 of said code; to amend and reenact §11-21-8a, §11-21-8e and §11-21-16 of said code; to amend said code by adding thereto two new sections, designated §11-21-12j and §11-21-12k; and to amend and reenact §11-24-23a and §11-24-23e of said code, all relating generally to taxation; imposing taxes on telecommunication services and ancillary telecommunication services beginning on a specified date; eliminating exemptions from consumers sales and service tax as of July 1, 2017, on the first $40,000 of consideration paid for the portion of the labor component for contracting services furnished that is not otherwise exempt from the sales tax for a contract for contracting services entered into on or after a specified date, and providing exceptions in the event of certain declarations of disasters; eliminating exemptions from sales and services tax beginning on specified dates on sales of electronic data processing services and related software, on charges for memberships or services provided by health and fitness organizations relating to personalized fitness programs, on sales of certain primary opinion research services, and on sales of services, machinery, supplies and materials directly used or consumed in the business activity of communication, but exempting all sales of services, machinery, supplies and materials directly used or consumed in the business activities of the buildout of broadband infrastructure in the state from the tax; eliminating the transfers of sales tax revenues to the State Road Fund that are collected from sales of construction and maintenance materials acquired by a second party for use in the construction or maintenance of a highway project beginning on specified date; providing for legislative and emergency rules; exempting all military retirement from personal income tax beginning on specified date; phasing in an exemption of federal social security benefits income from personal income tax for certain resident individuals beginning on specified date; increasing the personal income tax personal exemption of certain resident individuals beginning on specified date; increasing amount of credit allowed against personal and corporation net income taxes for qualified building rehabilitation expenditures made after specified date; and establishing limitations on carryback and carryforward of credit for qualified building rehabilitation expenditures; and making technical corrections in various sections.

            Referred to the Select Committee on Tax Reform; and then to the Committee on Finance.

The Senate proceeded to the eighth order of business.

Eng. Senate Bill 1003, Relating generally to WV Parkways Authority.

On third reading, coming up in regular order, with the right having been granted on Tuesday, May 16, 2017, for amendments to be received on third reading, was reported by the Clerk.

At the request of Senator Ferns, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar, with the right to amend on third reading remaining in effect.

Eng. Senate Bill 1006, Increasing funding for State Road Fund.

On third reading, coming up in regular order, with the right having been granted on Tuesday, May 16, 2017, for amendments to be received on third reading, was reported by the Clerk.

At the request of Senator Ferns, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar, with the right to amend on third reading remaining in effect.

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

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

Senator Ferns then moved that the Senate adjourn until tomorrow, Tuesday, May 23, 2017, at 9:30 a.m.

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

The roll being taken, the yeas were: 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, Trump, Woelfel and Carmichael (Mr. President)—28.

The nays were: Unger—1.

Absent: Clements, Maroney, Sypolt, Takubo and Weld—5.

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

In accordance with the foregoing motion, the Senate adjourned until tomorrow, Tuesday, May 23, 2017, at 9:30 a.m.

____________

 

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