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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2013

SECOND DAY

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Charleston, W. Va., Thursday, April 18, 2013

    The Senate met 11 a.m.

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

    Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, April 17, 2013,

    On motion of Senator Facemire, 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 concurrence by that body in the passage of

    Eng. Senate Bill No. 1003, Relating to magistrate court system compensation.

    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. 1005, Making supplementary appropriation from Civil Contingent Fund and Consumer Protection Fund.

    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. 105--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-11c, relating to administration of local sales and use taxes and local excise taxes; granting the Tax Commissioner exclusive responsibility for administering, collecting and enforcing specified local sales and use taxes and excise taxes; specifying jurisdiction and standing before the Office of Tax Appeals; authorizing the Tax Commissioner to propose for promulgation legislative rules to assess a fee for the administration, collection and enforcement of specified local sales and use taxes and excise taxes; providing a special fund for deposit of the certain fees; and specifying an effective date.

    At the request of Senator Unger, and by unanimous consent, 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.

    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: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

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

    Having been engrossed, the bill (Eng. H. B. No. 105) was then read a third time and put upon its passage.

    Pending discussion,

    The question being “Shall Engrossed House Bill No. 105 pass?”

    On the passage of the bill, the yeas were: Beach, Boley, Chafin, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--25.

    The nays were: Barnes, Blair, Cann, Carmichael, Cole, Facemire, M. Hall, McCabe and Walters--9.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 105) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Beach, Boley, Chafin, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--25.

    The nays were: Barnes, Blair, Cann, Carmichael, Cole, Facemire, M. Hall, McCabe and Walters--9.

    Absent: None.

    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. 105) takes effect from passage.

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

    The Senate proceeded to the ninth order of business.

    Senate Bill No. 1002, Establishing Volunteer Fire Department Workers' Compensation Premium Subsidy Fund.

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

    Senate Bill No. 1004, Relating to local sales and use taxes and excise taxes.

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

    On motion of Senator Unger, the Senate recessed until 12 Noon.

    Upon expiration of the recess, the Senate reconvened and proceeded to the sixth order of business.

    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 Kirkendoll, Fitzsimmons and Nohe.

     Subsequently, Senator Kirkendoll 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 Skinner, Young and Ambler, 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 D. Hall, Cookman and Cole.

    Delegates Sponaugle, Tomblin and Raines, 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 D. Hall, Cookman and Cole, 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 D. Hall, 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 D. Hall then reported this mission accomplished.

    At the request of Senator Chafin, unanimous consent being granted, Senator Chafin addressed the Senate regarding economic development issues in southern West Virginia.

    At the request of Senator Prezioso, and by unanimous consent, Senator Prezioso addressed the Senate regarding current budget allocations to the Mingo County Redevelopment Authority.

    At the request of Senator Unger, unanimous consent being granted, Senator Unger addressed the Senate regarding the success of the current legislative session, including commendation to The Honorable Howard L. Wellman, Sergeant at Arms.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened.

    At the request of Senator Cookman, 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 eighty-first Legislature in the year two thousand thirteen, 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 Palumbo, 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 23rd day of April, 2013, 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. 1005), Making supplementary appropriation from Civil Contingent Fund and Consumer Protection Fund.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Member, Senate Committee.

                               Danny Wells,

                                 Chair, House Committee.

    Senator Palumbo, 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 April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (S. B. No. 1001), Permitting Monongalia County Commission levy district excise tax.

    And,

    (S. B. No. 1003), Relating to magistrate court system compensation.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Member, Senate Committee.

                               Danny Wells,

                                 Chair, House Committee.

    Senator Fitzsimmons, 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 1st day of May, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (H. B. No. 103), Distribution of state funds to volunteer fire departments.

    And,

    (H. B. No. 105), Rule-making authority relating to administration, collection and enforcement of local sales, use and excise taxes by Tax Commissioner.

                             Respectfully submitted,

                               Robert J. Fitzsimmons,

                                 Member, Senate Committee.

                               Danny Wells,

                                 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 April 23, 2013, he had approved Enr. Senate Bill No. 1005; on April 30, 2013, he had approved Enr. Senate Bill No. 1001; on May 2, 2013, he had approved Enr. House Bill No. 103; and on May 3, 2013, he had approved Enr. Senate Bill No. 1003 and Enr. House Bill No. 105.

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

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