Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2014

SECOND DAY

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Charleston, W. Va., Tuesday, May 20, 2014

    The Senate met at 12 Noon.

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

    Prayer was offered by the Honorable Mike Hall, a senator from the fourth district, and Pastor, New River Presbytery, Pliny, West Virginia.

    Pending the reading of the Journal of Monday, May 19, 2014,

    On motion of Senator Green, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Senate then proceeded to the third order of business.

Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following supplement to the proclamation dated May 19, 2014, from His Excellency, the Governor, which was read by the Clerk:

STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

Charleston

A P R O C L A M A T I ON

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 AMEND the Proclamation dated the nineteenth day of May, two thousand fourteen, calling the Legislature of West Virginia to convene in Extraordinary Session at twelve o’clock noon on that date, by adding a seventh item, as follows:

    SEVENTH: A bill authorizing the Common Council of the City of Richwood, Nicholas County, to extend the time for its meeting as a levying body until the thirtieth day of June, two thousand fourteen, for the purpose of placing a general levy on the ballot, to be considered by the voters of the City of Richwood, on the question of supplementing the City’s budget.

    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 twentieth day of May, in the year of our Lord, Two Thousand Fourteen, and in the One Hundred Fifty-First year of the State.

Earl Ray Tomblin,

  Governor.

By the Governor:

NATALIE E. TENNANT,

Secretary of State.

The Senate proceeded to the sixth order of business.

On motions for leave, severally made, the following bill was introduced and read by its title:

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

Senate Bill No. 2006--A Bill to extend the time to May 31, 2014, for the Common Council of the City of Richwood, Nicholas County, to meet as a levying body for the purpose of placing a general levy on the ballot on the question of supplementing the city’s budget.

At the request of Senator Unger, 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.

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 (S. B. No. 2006) was then read a second time.

On motion of Senator Tucker, the following amendment to the bill was reported by the Clerk and adopted:

By striking out everything after the enacting clause and inserting in lieu thereof the following:

THE COMMON COUNCIL OF THE CITY OF RICHWOOD MEETING AS A LEVYING BODY EXTENDED.

§1. Extending time for the Common Council for the City of Richwood to meet as a levying body for an election supplementing the city’s budget; setting levy rate; certifying actions to the State; and for the purpose of paying all costs incurred in the laying of the additional levy.

Notwithstanding the provisions of article eight, chapter eleven of the Code of West Virginia, 1931, as amended, the Common Council of the City of Richwood, Nicholas County, is authorized to extend the time for its meeting as a levying body, setting the levy rate and certifying its actions to the State Auditor and the State Tax Commissioner by June 30, 2014, for the purpose of submitting to the voters of the City of Richwood the question of supplementing city’s budget and for the purpose of paying all costs incurred in the laying of this additional levy.

The bill, as amended, was ordered to engrossment and third reading.

Engrossed Senate Bill No. 2006 was then read a third time and put upon its passage.

On the passage of the bill, 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.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2006) passed.

On motion of Senator Tucker, the following amendment to the title of the bill was reported by the Clerk and adopted:

Eng. Senate Bill No. 2006--A Bill to extend the time for the Common Council of the City of Richwood, Nicholas County, to meet as a levying body for the purpose of presenting to the voters of the city an election supplementing the city’s budget; setting the levy rate; certifying actions to State Auditor and State Tax Commissioner; and paying all costs incurred in the laying of this additional levy.

Senator Unger moved that the bill take effect from passage.

On this question, 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.

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. 2006) takes effect from passage.

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

The Senate proceeded to the tenth order of business.

Senate Bill No. 2005, Relating to application of minimum wage and maximum hour standards.

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

On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, May 21, 2014, at 11 a.m.

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