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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

THIRTY-FIFTH DAY

____________

Charleston, West Virginia, Wednesday, June 7, 2017

The Senate met at 10 a.m.

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

Prayer was offered by the Honorable Gregory L. Boso, a senator from the eleventh district.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Roman W. Prezioso, Jr., a senator from the thirteenth district.

Pending the reading of the Journals of Wednesday, May 24, 2017, Monday, June 5, 2017, and Tuesday, June 6, 2017,

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

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

The Senate then proceeded to the third order of business.

A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to

Eng. Com. Sub. for House Bill 107, Relating generally to the Tax Reform Act of 2017.

On motion of Senator Ferns, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses.

Whereupon, Senator Carmichael (Mr. President) appointed the following conferees on the part of the Senate:

Senators Ferns, Blair, Gaunch, Prezioso and Jeffries.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. House Bill 111—A Bill to amend and reenact §11-10-12 of the Code of West Virginia, 1931, as amended, and to amend and reenact §38-10C-2 of said code, all relating generally to tax procedures and administration; requiring a notice of lien to include the lien expiration date; providing for additional circumstances in which the Tax Commissioner may withdraw tax liens; providing for the release, withdrawal or termination of lien under certain circumstances; and deleting inoperative language.

At the request of Senator Ferns, and by unanimous consent, the bill was taken up for immediate consideration and reference to a committee dispensed with.

Executive Communications

Senator Carmichael (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:

Jim Justice

Governor of West Virginia

June 7, 2017

The Honorable Mitch Carmichael

President of the Senate

State Capitol, Building 1, Room 229-M

Charleston, West Virginia 25305

The Honorable Tim Armstead

Speaker of the House of Delegates

State Capitol, Building 1, Room 228-M

Charleston, West Virginia 25305

Dear President Carmichael and Speaker Armstead:

            After submission of my recommended FY 2018 Executive Budget on May 23, 2017, there have been a few areas that require adjustments.

            Therefore, pursuant to Section 51, Article VI of the Constitution of the State of West Virginia, I submit revisions to the FY 2018 Budget Bill for the TITLE II – APPROPRIATIONS as follows:

Section 1. Appropriations from general revenue.

Department of Commerce

West Virginia Development Office, Fund 0256, Fiscal Year 2018, Org 0307

 (To increase funding for the Save Our State program.)

·         Increase “Save Our State (SOS)” Appropriation 05050 by $10,000,000.

Department of Health and Human Resources

Division of Human Services, Fund 0403, Fiscal Year 2018, Org 0511

 (To moved Medicaid funding to surplus.)

·         Decrease “Medical Services” Appropriation 18900 by $20,159,358.

Department of Revenue

Office of the Secretary, Fund 0465, Fiscal Year 2018, Org 0701

 (To appropriate a transfer to the State Road Fund.)

·         Add “State Road Fund - Transfer” Appropriation 70017 for $11,700,000.

Department of Transportation

State Rail Authority, Fund 0506, Fiscal Year 2018, Org 0804

 (To correct a drafting error.)

·         Replace the reappropriated language as follows, “Any unexpended balance remaining in the appropriation for Other Assets (fund 0506, appropriation 69000) at the close of the fiscal year 2017 is hereby reappropriated for expenditure during the fiscal year 2018, with the exception of fund 0506, fiscal year 2017, appropriation 69000 ($32,483) which shall expire on June 30, 2017.”

Higher Education Policy Commission

West Virginia University – School of Medicine Medical School Fund, Fund 0343, Fiscal Year 2018, Org 0463

 (To restore funding from carryover of FY 2017 midyear reduction.)

·         Increase “WVU School of Health Science – Eastern Division” appropriation 05600 by $44,969.

·         Increase “WVU - School of Health Sciences” appropriation 17400 by $310,317.

·         Increase “WVU School of Health Sciences – Charleston Division” appropriation 17500 by $46,250.

·         Increase “Rural Health Outreach Programs” appropriation 37700 by $3,403.

·         Increase “West Virginia University School of Medicine BRIM Subsidy” appropriation 46000 by $23,226.

West Virginia University – General Administrative Fund, Fund 0344, Fiscal Year 2018, Org 0463

 (To restore funding from carryover of FY 2017 midyear reduction.)

·         Increase “West Virginia University” appropriation 45900 by $1,956,393.

·         Increase “Jackson’s Mill” appropriation 46100 by $4,790.

·         Increase “West Virginia University Institute of Technology” appropriation 47900 by $159,756.

·         Increase “State Priorities – Brownfield Professional Development” appropriation 53100 by $6,750.

·         Increase “West Virginia University – Potomac State” appropriation 99400 by $78,430.

Marshall University – School of Medicine, Fund 0347, Fiscal Year 2018, Org 0471

 (To restore funding from carryover of FY 2017 midyear reduction.)

·         Increase “Marshall Medical School” appropriation 17300 by $243,585.

·         Increase “Rural Health Outreach” appropriation 37700 by $3,352.

·         Increase “Forensic Lab” appropriation 37701 by $4,829.

·         Increase “Center for Rural Health” appropriation 37702 by $3,203.

·         Increase “Marshall University Medical School BRIM Subsidy” appropriation 44900 by $16,846.

Marshall University – General Administrative Fund, Fund 0348, Fiscal Year 2018, Org 0471

 (To restore funding from carryover of FY 2017 midyear reduction.)

·         Increase “Marshall University” appropriation 44800 by $918,522.

·         Increase “Luke Lee Listening Language and Learning Lab” appropriation 44801 by $2,042.

·         Increase “Vista E-Learning” appropriation 51900 by $4,982.

·         Increase “State Priorities – Brownfield Professional Development” appropriation 53100 by $6,687.

·         Increase “Marshall University Graduate College Writing Project” appropriation 80700 by $415.

·         Increase “WV Autism Training Center” appropriation 93200 by $35,906.

Section 2. Appropriations from state road funds.

Department of Transportation

Total TITLE II, Section 2 – State Road Fund

 (To correct a drafting error.)

·         Replace section total with $1,314,293,957.

Section 9. Appropriations from general revenue surplus accrued.

Directive Language

            (To provide for funding in priority order subject to surplus availability.)

·         Add the following to the last paragraph of the directive language in Section 9:

“…and shall be allocated first to provide the necessary funds to meet the first appropriation of this section and each subsequent appropriation in the order listed in this section.”

Department of Health and Human Resources

Surplus priority #2 - Division of Human Services, Fund 0403, Fiscal Year 2018, Org 0511

            (To move Medicaid funding to surplus.)

·         Add “Medical Services – Surplus” Appropriation 63300 for $20,159,358.

            Thank you for your prompt attention of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.

Sincerely,

Jim Justice

Governor

cc:       The Honorable Mike Hall, Chairman

            The Honorable Eric Nelson, Chairman

            State Budget Office

Which communication was received and referred to the Committee on Finance.

The Senate proceeded to the fourth order of business.

            Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 6th day of June, 2017, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

            (S. B. 1010), Relating to Volunteer Fire Department Workers' Compensation Premium Subsidy Fund.

Respectfully submitted,

  C. Edward Gaunch,

                                                                            Member, Senate Committee.

                                                                          Roger Hanshaw,

                                                                            Chair, House Committee.

The Senate proceeded to the ninth order of business.

Senate Bill 1009, Relating generally to tax procedures and administration.

On second reading, coming up in regular order, 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.

Senate Bill 1013, Budget Bill.

On second reading, coming up in regular order, 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.

Senator Ferns then moved that the Senate adjourn until tomorrow, Thursday, June 8, 2017, at 11 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, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Jeffries, Karnes, Mullins, Prezioso, Smith, Stollings, Swope, Sypolt, Trump, Weld and Carmichael (Mr. President)—20.

The nays were: None.

Absent: Beach, Facemire, Mann, Maroney, Maynard, Miller, Ojeda, Palumbo, Plymale, Romano, Rucker, Takubo, Unger and Woelfel—14.

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, Thursday, June 8, 2017, at 11 a.m.

_________

 

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