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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-SEVENTH DAY

____________

Charleston, West Virginia, Friday, June 9, 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 Charles H. Clements, a senator from the second district.

Pending the reading of the Journal of Thursday, June 8, 2017,

At the request of Senator Swope, unanimous consent being granted, the Journal was 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 amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as to

Eng. Senate Bill 1014, Relating generally to physician assistants.

On motion of Senator Ferns, the bill was taken up for immediate consideration.

The following House of Delegates amendments to the bill were reported by the Clerk:

On page eleven, section three, line forty-eight, by striking out the word “supervising” and inserting the in lieu thereof the word “collaborating”;

On page fourteen, section nine, line three, by striking out the word “supervising” and inserting in lieu thereof the word “collaborating”;

On page fourteen, section nine, line seven, by striking out the word “supervising” and inserting in lieu thereof the word “collaborating”;

On page fourteen, section nine, line twenty-one, by striking out the word “supervises” and inserting in lieu thereof the words “collaborating with”;

On page fourteen, section nine, line twenty-two, by striking out the words “provide supervision for” and inserting in lieu thereof the words “collaborate with”;

On page fourteen, section nine, line twenty-four, by striking out the word “supervising”;

On page sixteen, section eleven, line one, by striking out the word “supervise” and inserting in lieu thereof the words “collaborate with”;

And,

On page twenty, section sixteen, line ten, by striking out the word “supervising” and inserting in lieu thereof the word “collaborating”.

On motion of Senator Ferns, the Senate concurred in the House of Delegates amendments to the bill.

Engrossed Senate Bill 1014, as amended by the House of Delegates, was then put upon its passage.

On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Miller, Ojeda, Palumbo, Prezioso, Romano, Stollings, Swope, Sypolt, Trump, Unger, Woelfel and Carmichael (Mr. President)—23.

The nays were: None.

Absent: Boso, Karnes, Mann, Maroney, Maynard, Mullins, Plymale, Rucker, Smith, Takubo and Weld—11.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1014) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

The Senate proceeded to the fourth order of business.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill 106, Relating generally to the furlough of public employees during declared fiscal emergency.

And has amended same.

And reports the same back with the recommendation that it do pass, as amended.

Respectfully submitted,

  Charles S. Trump IV,

    Chair.

The Senate proceeded to the sixth order of business.

            At the request of Senator Ferns, and by unanimous consent, Senator Ferns offered the following resolution from the floor:

            Senate Concurrent Resolution 103Suspending the provisions of Joint Rule 3, relating to committees of conference and reports relative thereto.

Resolved by the Legislature of West Virginia, two thirds of the members present and voting in each house agreeing thereto:

That pursuant to Rule 25 of the Joint Rules of the Senate and House of Delegates, the provisions of Joint Rule 3 are suspended; the committee of conference on the disagreeing votes of the two houses, as to Engrossed Committee Substitute for House Bill 107 (Relating generally to the Tax Reform Act of 2017), is hereby extended until Tuesday, June 13, 2017; and upon a concurrent resolution duly adopted by a majority of those present and voting in each house, the committee of conference may be further extended for a period not to exceed one day.

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

Following discussion,

The question being on the adoption of the resolution, the same was put.

On this question, the yeas were: Azinger, Beach, Blair, Boley, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Miller, Ojeda, Palumbo, Prezioso, Romano, Stollings, Swope, Sypolt, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—24.

The nays were: None.

Absent: Boso, Karnes, Mann, Maroney, Maynard, Mullins, Plymale, Rucker, Smith and Takubo—10.

So, two thirds of all the members present and voting having voted in the affirmative, the President declared the resolution (S. C. R. 103) adopted.

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

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, and by unanimous consent, further consideration of the bill was deferred until the conclusion of bills on today’s first reading 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.

The Senate proceeded to the tenth order of business.

Eng. House Bill 111, Relating generally to tax procedures and administration.

On first reading, coming up in regular order, was read a first time and ordered to second reading.

On motion of Senator Ferns, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

On suspending the constitutional rule, the yeas were: Azinger, Beach, Blair, Boley, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Miller, Ojeda, Palumbo, Prezioso, Romano, Stollings, Swope, Sypolt, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—24.

The nays were: None.

Absent: Boso, Karnes, Mann, Maroney, Maynard, Mullins, Plymale, Rucker, Smith and Takubo—10.

The bill was read a second time and ordered to third reading.

Having been engrossed, the bill (Eng. H. B. 111) was then read a third time and put upon its passage.

On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Miller, Ojeda, Palumbo, Prezioso, Romano, Stollings, Swope, Sypolt, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—24.

The nays were: None.

Absent: Boso, Karnes, Mann, Maroney, Maynard, Mullins, Plymale, Rucker, Smith and Takubo—10.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. 111) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

The end of today’s first reading calendar having been reached, the Senate returned to the consideration of

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

On second reading, coming up in deferred order, was again reported by the Clerk.

On motion of Senator Ferns, the bill was referred to the Committee on Rules.

The Senate proceeded to the twelfth order of business.

Remarks were made by Senator Prezioso.

Thereafter, at the request of Senator Beach, and by unanimous consent, the remarks by Senator Prezioso were ordered printed in the Appendix to the Journal.

Remarks were then made by Senators Woelfel, Ferns and Romano.

Thereafter, at the request of Senator Ojeda, unanimous consent being granted, the remarks by Senators Woelfel, Ferns and Romano were ordered printed in the Appendix to the Journal.

Remarks were made by Senators Blair, Unger, Gaunch, Prezioso and Hall.

Thereafter, at the request of Senator Romano, and by unanimous consent, the remarks by Senators Gaunch, Prezioso and Hall were ordered printed in the Appendix to the Journal.

On motion of Senator Ferns, the Senate recessed until 2 p.m. today.

Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.

A message from The Clerk of the House of Delegates announced the amendment by that body, adoption as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as to

Senate Concurrent Resolution 103, Suspending provisions of Joint Rule 3 relating to committee of conference on House Bill 107.

On motion of Senator Ferns, the resolution was taken up for immediate consideration.

The following House of Delegates amendments to the resolution were reported by the Clerk:

On page one, by striking out everything after the Resolved clause and inserting in lieu thereof the following:

That pursuant to Rule 25 of the Joint Rules of the Senate and House of Delegates, the provisions of Joint Rule 3, paragraph (b) are suspended, as follows: The committee of conference on the disagreeing votes of the two houses as to Engrossed Committee Substitute for House Bill 107 (Relating generally to the Tax Reform Act of 2017), is hereby extended until Tuesday, June 13, 2017; and upon a concurrent resolution duly adopted by a majority of those present and voting in each house, the committee of conference may be further extended for a period not to exceed one day.;

And,

By striking out the title and substituting therefor a new title, to read as follows:

Senate Concurrent Resolution 103—Suspending the provisions of Joint Rule 3, paragraph (b), relating to extending the conference committee as to Com. Sub. For H. B. 107, Relating generally to the Tax Reform Act of 2017.

Senator Ferns moved that the Senate concur in the House of Delegates amendments to the resolution.

Following discussion,

The question being on the adoption of Senator Ferns’ aforestated motion, the same was put and prevailed.

Senate Concurrent Resolution 103, as amended by the House of Delegates, was then put upon its adoption.

On this question, the yeas were: Azinger, Beach, Blair, Boley, Clements, Cline, Facemire, Ferns, Gaunch, Jeffries, Miller, Ojeda, Palumbo, Prezioso, Romano, Swope, Sypolt, Trump, Unger and Carmichael (Mr. President)—20.

The nays were: None.

Absent: Boso, Hall, Karnes, Mann, Maroney, Maynard, Mullins, Plymale, Rucker, Smith, Stollings, Takubo, Weld and Woelfel—14.

So, two thirds of all the members present and voting having voted in the affirmative, the President declared the resolution (S. C. R. 103) adopted with its House of Delegates amended title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

On motion of Senator Ferns, the Senate adjourned until Monday, June 12, 2017, at 1 p.m.

____________

 

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