WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2016
FIRST DAY
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Charleston, West Virginia, Monday, May 16, 2016
Pursuant to the proclamation of His Excellency, the Governor, the Honorable Earl Ray Tomblin, dated the twelfth day of May, two thousand sixteen, convening the eighty-second Legislature of West Virginia in extraordinary session today (Monday, May 16, 2016), 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 at 12 o’clock Noon, and was called to order by its President, the Honorable William P. Cole III.
Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Charles S. Trump IV, a senator from the fifteenth district.
On the call of the roll, the following answered to their names:
Senators Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President).
Thirty-four members having answered to their names, the President declared the presence of a quorum.
Executive Communications
Senator Cole (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 the Governor by Section 7, Article VII, of the Constitution of West Virginia, do hereby call the West Virginia Legislature to convene in Extraordinary Session at noon on the sixteenth day of May, Two Thousand Sixteen, in its chambers in the State Capitol, City of Charleston, for the limited purpose of considering and acting upon the following matters:
FIRST: A bill enacting a state budget for fiscal year 2017;
SECOND: A bill increasing the tax on cigarettes and tobacco products, and imposing a tax on e-cigarettes;
THIRD: A bill increasing the Consumers Sales and Service tax rate and the Use tax rate by not more than one percentage point;
FOURTH: A bill eliminating the exemption from Consumers Sales and Service tax and Use tax on sales of telecommunications service and ancillary services;
FIFTH: A bill expiring to the unappropriated balance in the State Fund, General Revenue, for fiscal year 2016, the following: $12,150,000.00 from the Joint Expenses, Tax Reduction and Federal Funding Increased Compliance (TRAFFIC) Fund, fund 0175, fiscal year 2009, organization 2300, appropriation 64200; $8,500,000.00 from the Attorney General, Consumer Protection Recovery Fund, fund 1509, fiscal year 2016, organization 1500; $2,500,000.00 from the West Virginia Health Care Authority, Health Care Cost Review Fund, fund 5375, fiscal year 2016, organization 0507; $29,000,000.00 from the Office of the Secretary of Revenue, Revenue Shortfall Reserve Fund, fund 7005, fiscal year 2016, organization 0701; $5,000,000.00 from the Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2016, organization 0704; $4,631,089.49 from the Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2016, organization 0705; and $2,000,000.00 from the Public Service Commission, fund 8623, fiscal year 2016, organization 0926;
SIXTH: A bill authorizing the Governor to furlough state employees in the event of certain fiscal emergencies; and
SEVENTH: Legislation authorizing and appropriating the expenditure of public funds to pay the expenses for the 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, this twelfth day of May, in the year of our Lord, Two Thousand Sixteen, and in the One Hundred Fifty-Third year of the State.
EARL RAY TOMBLIN
GOVERNOR
By the Governor
NATALIE E. TENNANT
SECRETARY OF STATE
At the request of Senator Carmichael, unanimous consent being granted, Senator Carmichael offered the following resolution from the floor:
Senate Resolution 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 Carmichael, 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 Ashley, Walters and Kirkendoll.
Subsequently, Senator Ashley, 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 Ireland, R. Smith and Trecost, 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.
At the request of Senator Carmichael, unanimous consent being granted, Senator Carmichael offered the following resolution from the floor:
Senate Resolution 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 Carmichael, 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 Sypolt, Karnes and Kessler.
A message from the House of Delegates, by
Delegates Kessinger, Atkinson and P. Smith, 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 102. Senate and House members of this select committee then proceeded to the executive offices.
Subsequently, Senator Sypolt reported that the joint Senate and House committee had performed the duty assigned to it.
The Senate proceeded to the third order of business.
Executive Communications
Senator Cole (Mr. President) presented the following communication from His Excellency, the Governor, submitting the budget bill, which was received and read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
May 16, 2016
EXECUTIVE MESSAGE NO. 1
FIRST EXTRAORDINARY SESSION
The Honorable William P. Cole III
West Virginia Senate
State Capitol
Charleston, WV 25305
Dear President Cole:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget bill for the fiscal year beginning July 1, 2016.
Sincerely,
Earl Ray Tomblin
Governor
Subsequently, Senator Cole (Mr. President) laid before the Senate the aforementioned annual budget bill,
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill 1001—A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
Which was read by its title and referred to the Committee on Finance.
The Senate then proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced and read by their titles:
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill 1002—A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2016, in the amount of $12,150,000 from the Joint Expenses, Tax Reduction and Federal Funding Increased Compliance (TRAFFIC), fund 0175, fiscal year 2009, organization 2300, appropriation 64200; in the amount of $8,500,00 from the Attorney General, Consumer Protection Recovery Fund, fund 1509, fiscal year 2016, organization 1500; in the amount of $2,500,000 from the Department of Health and Human Resources, West Virginia Health Care Authority – Health Care Costs Review Fund, fund 5375, fiscal year 2016, organization 0507; in the amount of $29,000,000 from the Department of Revenue, Office of the Secretary – Revenue Shortfall Reserve Fund, fund 7005, fiscal year 2016, organization 0701; in the amount of $5,000,000 from the Department of Revenue, Insurance Commissioner – Insurance Commission Fund, fund 7152, fiscal year 2016, organization 0704; in the amount of $4,631,089.49 from the Department of Revenue, Lottery Commission, Operating and Expenses Fund, fund 7200, fiscal year 2016, organization 0705; and in the amount of $2,000,000 from the Public Service Commission, fund 8623, fiscal year 2016, organization 0926.
Referred to the Committee on Finance.
By Senator Kessler (By Request of the Executive):
Senate Bill 1003—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-3d, relating to imposing the consumers sales and service tax and use tax on sales of telecommunications service and ancillary services.
Referred to the Committee on Finance.
By Senator Kessler (By Request of the Executive):
Senate Bill 1004—A Bill to amend and reenact §11-15-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15A-2 of said code, all relating to increasing the rate of the consumers sales and service tax; increasing the rate of the use tax; providing effective dates for those rate changes; and changing the words “six percent” to the current consumers sales and service tax rate or use tax rate where those terms are used under certain sections of chapter eleven of the code.
Referred to the Committee on Finance.
By Senators Cole (Mr. President) and Kessler (By Request of the Executive):
Senate Bill 1005—A Bill to amend and reenact §11-17-3 and §11-17-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-17-4b, all relating to increasing the tax rate on cigarettes and tobacco products; requiring a physical inventory of tax stamps, tobacco products and e-cigarette liquids upon the effective date of tax imposition and upon any tax rate increase; applying tax rate changes to inventories; requiring a report of such inventory be filed sixty days after the effective date of the tax imposition or tax rate change; levying the excise tax on e-cigarette liquid; defining terms; providing for administration of the tax on e-cigarette liquid; specifying penalty for failure to file required reports; specifying criminal sanctions; and specifying effective date.
At the request of Senator Carmichael, unanimous consent being granted, 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.
At the request of Senator Maynard, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
Pending announcement of a meeting of a standing committee of the Senate, including a minority party caucus,
On motion of Senator Carmichael, the Senate recessed until 4 p.m. today.
Upon expiration of the recess, the Senate reconvened and again proceeded to the sixth order of business.
Petitions
Senator Trump presented a petition from Scott Fortney and numerous West Virginia residents, requesting the Legislature to reinstate funding for PEIA or provide other insurance carriers as options.
Referred to the Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Woelfel, Blair and Snyder.
The Senate proceeded to the thirteenth order of business.
Senator Carmichael called attention to today being the birthday of the senator from Mercer and on behalf of the Senate extended felicitations and good wishes to Senator Cole (Mr. President), with Senator Boso leading members in singing “Happy Birthday”.
Pending announcement of a meeting of a standing committee of the Senate, including a minority party caucus,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Tuesday, May 17, 2016, at 10 a.m.
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