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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2012

FIRST DAY

____________

Charleston, W. Va., Friday, March 16, 2012

    Pursuant to the proclamation of His Excellency, the Governor, the Honorable Earl Ray Tomblin, dated the sixteenth day of March, two thousand twelve, convening the eightieth Legislature of West Virginia in extraordinary session today (Friday, March 16, 2012), 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 immediately upon adjournment sine die of the Extended Budget Session and was called to order by its President, the Honorable Jeffrey V. Kessler.

    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.

    On the call of the roll, the following answered to their names:

    Senators Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President).

    Thirty-one members having answered to their names, the President declared the presence of a quorum.

Executive Communications

    Senator Kessler (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, EARL RAY TOMBLIN, by virtue of the authority vested in me as Governor by Section 7, Article VII of the Constitution of West Virginia, do hereby call the Legislature of West Virginia to convene in Extraordinary Session upon adjournment sine die of the 2012 Regular Session, as extended by Proclamation dated March 7, 2012, and further extended by Proclamation dated March 13, 2012, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following matters:

    FIRST: Legislation relating to the establishment, implementation and administration of a tax credit and required payment program designed to enhance the prospects of restarting a large energy-intensive manufacturing facility.

    SECOND: A supplemental appropriation bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2012, from fund 0105, fiscal year 2009, organization 0100, of the Governor’s Office - Civil Contingent Fund; and making a supplementary appropriation from the unappropriated surplus balance in the State Fund, General Revenue, to fund 0105, fiscal year 2012, organization 0100, of the Governor’s Office - Civil Contingent Fund.

    THIRD: Legislation authorizing and appropriating the expenditure of public moneys to pay the expenses of this 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, on this the Sixteenth day of March, in the year of our Lord, Two Thousand Twelve, and in the One Hundred Forty-Ninth year of the State.

  EARL RAY TOMBLIN,

    Governor.

By the Governor:

  NATALIE E. TENNANT,

   Secretary of State.

   Senator Unger offered the following resolution:

   Senate Resolution No. 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 Unger, 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 Laird, Klempa and Nohe.

   Subsequently, Senator Laird, 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 Hall, Mahan and Carmichael, 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.

   Senator Unger then offered the following resolution:

   Senate Resolution No. 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 Unger, 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 Miller, Tucker and Hall.

   A message from the House of Delegates, by

   Delegates Doyle, T. Campbell and J. Miller, 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 No. 102. Senate and House members of this select committee then proceeded to the executive offices.

   Subsequently, Senator Miller reported that the joint Senate and House committee had performed the duty assigned to it.

   The Senate proceeded to the sixth order of business.

   On motions for leave, severally made, the following bills were introduced, read by their title, and referred to the appropriate committees:

   By Senators Kessler (Mr. President) and Hall (By Request of the Executive):

   Senate Bill No. 1001--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-3a, §11-13CC-4 and §11-13CC-5; and to amend and reenact §24-2-1j of said code, all relating to creating the Energy Intensive Industrial Consumers Revitalization Tax Credit Act; making legislative findings and declaring purpose; establishing tax credits for suppliers of coal to certain electric utilities who are subject to the coal severance tax subject to certain limitations and requirements; specifying when the tax credits may be claimed; authorizing the carry forward of tax credits subject to certain limitations and restrictions; specifying how the tax credits are calculated and allocated; providing for applicability of tax credit against required minimum severance tax payments on coal; specifying how the payments triggered by the tax credits are to be calculated and made; authorizing the notification and disclosure of certain information related to the implementation and administration of tax credits and required payments; establishing certain effective dates and expiration dates; granting the Public Service Commission certain authority concerning special rates and prescribing certain limitations and requirements related thereto; and requiring information on special rates in the Public Service Commission’s annual report.

   Referred to the Committee on Finance.

   By Senators Kessler (Mr. President) and Hall (By Request of the Executive):

   Senate Bill No. 1002--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2012, in the amount of $10,000,000 from the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, activity 236, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2012, organization 0100, by supplementing and amending the appropriations for the fiscal year ending June 30, 2012.

   Referred to the Committee on Finance.

   Without objection, the Senate returned 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. House Bill No. 101--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-3a, §11-13CC-4 and §11-13CC-5; and to amend and reenact §24-2-1j of said code, all relating to creating the Energy Intensive Industrial Consumers Revitalization Tax Credit Act; making legislative findings and declaring purpose; establishing tax credits for suppliers of coal to certain electric utilities who are subject to the coal severance tax subject to certain limitations and requirements; specifying when the tax credits may be claimed; authorizing the carry forward of tax credits subject to certain limitations and restrictions; specifying how the tax credits are calculated and allocated; providing for applicability of tax credit against required minimum severance tax payments on coal; specifying how the payments triggered by the tax credits are to be calculated and made; authorizing the notification and disclosure of certain information related to the implementation and administration of tax credits and required payments; establishing certain effective dates and expiration dates; granting the Public Service Commission certain authority concerning special rates and prescribing certain limitations and requirements related thereto; and requiring information on special rates in the Public Service Commission’s annual report.

   Referred to the Committee on Finance.

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

   On motion of Senator Unger, the Senate recessed for twenty minutes.

   Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.

   The Senate proceeded to the fourth order of business.

   Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

   Your Committee on Finance has had under consideration

   Senate Bill No. 1002, Making supplementary appropriation from State Fund, General Revenue, to Governor's Office, Civil Contingent Fund.

   And,

   Eng. House Bill No. 101, Creating the Energy Intensive Industrial Consumers Revitalization Tax Credit Act.

   And reports the same back with the recommendation that they each do pass.

                        Respectfully submitted,

                          Roman W. Prezioso, Jr.,

                            Chair.

   At the request of Senator Prezioso, unanimous consent being granted, Senate Bill No. 1002 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

   On motion of Senator Unger, 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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--31.

   The nays were: None.

   Absent: Barnes, Fanning and Helmick--3.

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

   Engrossed Senate Bill No. 1002 was then read a third time and put upon its passage.

   On the passage of the bill, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--31.

   The nays were: None.

   Absent: Barnes, Fanning and Helmick--3.

   So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1002) passed with its title.

   Senator Unger moved that the bill take effect from passage.

   On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--31.

   The nays were: None.

   Absent: Barnes, Fanning and Helmick--3.

   So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1002) takes effect from passage.

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

   At the request of Senator Prezioso, unanimous consent being granted, Engrossed House Bill No. 101 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

   On motion of Senator Unger, 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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--31.

   The nays were: None.

   Absent: Barnes, Fanning and Helmick--3.

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

   Having been engrossed, the bill (Eng. H. B. No. 101) was then read a third time and put upon its passage.

   On the passage of the bill, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

   The nays were: None.

   Absent: Barnes and Fanning--2.

   So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 101) passed with its title.

   Senator Unger moved that the bill take effect from passage.

   On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

   The nays were: None.

   Absent: Barnes and Fanning--2.

   So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 101) takes effect from passage.

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

   At the request of Senator K. Facemyer, and by unanimous consent, Senator K. Facemyer addressed the Senate regarding the passage of Engrossed House Bill No. 101.

   At the request of Senator Hall, unanimous consent being granted, Senator Hall addressed the Senate regarding the legislative service of Donnie Adkins, Counsel to the Minority Party.

   Without objection, the Senate returned to the third order of business.

   A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of

   Eng. Senate Bill No. 1002, Making supplementary appropriation from State Fund, General Revenue, to Governor's Office, Civil Contingent Fund.

   The Senate proceeded to the thirteenth order of business.

   At the request of Senator Helmick, unanimous consent being granted, it was ordered that the Journal show had Senator Helmick been present in the chamber in earlier proceedings today, he would have voted "yea" on the passage of Engrossed House Bill No. 101.

   Senator Unger offered the following pre-adjournment resolution:

   Senate Resolution No. 103--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.

   Resolved by the Senate:

   That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.

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

   Senator Kessler (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:

   Senators Yost, Wills and Sypolt.

   Subsequently, Senator Yost reported that the duties assigned by Senate Resolution No. 103 had been performed.

   Thereafter, a three-member delegation from the House of Delegates, namely

   Delegates Michael, Crosier and Evans, announced that that body also had completed its labors and was ready to adjourn sine die.

   Senator Unger then offered the following resolution:

   Senate Resolution No. 104--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.

   Resolved by the Senate:

   That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.

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

   Under the provisions of the foregoing resolution, Senator Kessler (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:

   Senators Minard, Foster and K. Facemyer.

   Delegates Martin, Ferns and Pasdon, then announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.

   Senators Minard, Foster and K. Facemyer, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.

   Subsequently, Senator Minard, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Minard then reported this mission accomplished.

   At the request of Senator Tucker, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this first extraordinary session of the eightieth Legislature in the year two thousand twelve, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.

   In accordance with the foregoing unanimous consent agreement, the following reports of the Joint Committee on Enrolled Bills were filed as follows:

   Senator Tucker, 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 21st day of March, 2012, 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. No. 1002), Making supplementary appropriation from State Fund, General Revenue, to Governor's Office, Civil Contingent Fund.

                        Respectfully submitted,

                          Gregory A. Tucker,

                            Chair, Senate Committee.

                          Meshea L. Poore,

                            Chair, House Committee.

   Senator Tucker, 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 29th day of March, 2012, 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:

   (H. B. No. 101), Creating the Energy Intensive Industrial Consumers Revitalization Tax Credit Act.

                        Respectfully submitted,

                          Gregory A. Tucker,

                            Chair, Senate Committee.

                          Meshea L. Poore,

                            Chair, House Committee.

Executive Communications

   Under authorization of Senate approval therefor in prior proceedings today, to include in this day’s Journal communications showing the Governor’s action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:

   The Clerk then presented communications from His Excellency, the Governor, advising that on March 21, 2012, he had approved Enr. Senate Bill No. 1002; and on April 2, 2012, he had approved Enr. House Bill No. 101.

   On motion of Senator Unger, the first extraordinary session of the Senate in the year two thousand twelve adjourned sine die.

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