WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2016

SECOND DAY

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Charleston, West Virginia, Tuesday, May 17, 2016

The Senate met at 10 a.m.

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

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 Mitch Carmichael, a senator from the fourth district.

Pending the reading of the Journal of Monday, May 16, 2016,

At the request of Senator Williams, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.

The Clerk presented the following communications from various state agencies as required by the provisions of law:

Environmental Protection, Department of

            Feasibility Report for a State Plan under EPA’s Clean Air Act Section 111(d) (§22-5-20)

Health and Human Resources, Department of

            Breast and Cervical Cancer Fund (§16-33-6)

            Commission for the Deaf and Hard of Hearing (§5-14-9)

James “Tiger” Morton Catastrophic Illness Commission (§16-5Q-2)

            Sudden Unexplained Infant Death (§16-1-6)

            Women’s Commission (§29-20-6)

The Senate proceeded to the ninth order of business.

Senate Bill 1005, Increasing tax rate on cigarettes and tobacco products.

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

On motion of Senator Carmichael, the bill was referred to the Committee on Finance.

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 3:30 p.m. today.

Upon expiration of the recess, the Senate reconvened and, at the request of Senator Carmichael, and by unanimous consent, returned to the fourth order of business.

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

Your Committee on Finance has had under consideration

Senate Bill 1002, Expiring funds from various accounts to unappropriated balance in State Fund, General Revenue.

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

Respectfully submitted,

  Mike Hall,

    Chair.

At the request of Senator Carmichael, unanimous consent being granted, the bill (S. B. 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.

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

Your Committee on Finance has had under consideration

Senate Bill 1005, Increasing tax rate on cigarettes and tobacco products.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill 1005 (originating in the Committee on Finance)—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 other tobacco products; specifying where a portion of the tax revenue shall be dedicated; 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.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

  Mike Hall,

    Chair.

At the request of Senator Carmichael, unanimous consent being granted, the bill (Com. Sub. for S. B. 1005) 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.

Pending announcement of majority and minority party caucuses,

Senator Carmichael moved that the Senate adjourn until tomorrow, Wednesday, March 18, 2016, at 11:30 a.m.

The question being on the adoption of Senator Carmichael=s motion, and on this question, Senator Carmichael demanded the yeas and nays.

The roll being taken, the yeas were: 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)—34.

The nays were: None.

Absent: None.

So, a majority of those present and voting having voted in the affirmative, the President declared Senator Carmichael=s motion had prevailed.

In accordance with the foregoing motion, the Senate adjourned until tomorrow, Wednesday, March 18, 2016, at 11:30 a.m.

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