WEST
VIRGINIA LEGISLATURE
SENATE
JOURNAL
EIGHTY-THIRD
LEGISLATURE
SECOND
EXTRAORDINARY SESSION, 2017
____________
Charleston, West Virginia, Tuesday, October
17, 2017
The Senate met at
(Senator Carmichael, Mr. President, in the Chair.)
Prayer was offered by
The Senate was then led in recitation of the
Pledge of Allegiance by the Honorable
Pending the reading of the Journal of
Monday, October 16, 2017,
At the request of Senator
The Clerk presented the following communications from various state agencies as required by the provisions of law:
??????????? Economic Development Authority (?31-15-29)
??????????? Environmental Protection, Department of
??????????????????????? Oil and Gas Operating Permit and Processing Fund (?22-6-29)
Oil and Gas Reclamation Fund (?22-6-29)
Special Reclamation Fund Advisory Council (?22-1-17)
??????????? Occupational Therapy, Board of (?30-1-12)
The Senate proceeded to the
A message from The Clerk of the House of
Delegates announced the amendment by that body, passage as amended, to take
effect
Eng.
Senate Bill 2002, Allowing
certain tax information be shared with designated DOH employees.
On motion of Senator
The following House of Delegates
On page one, section five-cc, line four, by
striking out the word ?may? and inserting in lieu thereof the word ?shall?;
And,
On page two, section five-cc, line
twenty-two, by striking out the words ?appears to be? and inserting in lieu
thereof the word ?is?.
On motion of Senator Ferns, the following
amendments to the House of
Delegates amendments to the bill
(Eng. S. B. 2002) were reported
by the Clerk, considered simultaneously, and adopted:
On page
And,
On page two, section five-cc, subsection
(a), subdivision (6), by striking out the word ?is? and inserting in lieu
thereof the words ?appears to be?.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendments, as amended.
Engrossed Senate Bill 2002, as amended, was
then put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns,
Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, a majority of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. S. B. 2002) passed with its title.
Senator Ferns moved that the bill take
effect from passage.
On this question, the yeas were: Azinger,
Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns, Gaunch,
Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale, Prezioso,
Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. S. B. 2002) 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
On motions for leave, severally made, the
following bills were introduced and read by their titles:
By
Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate
Bill 2004?A Bill to amend
and reenact ?11-21-8a and ?11-21-8e of the Code of West Virginia, 1931, as
amended; and to amend and reenact ?11-24-23a and ?11-24-23e of said code, all
relating generally to tax credits for rehabilitation of historic buildings and
structures; increasing the amount of tax credit against personal and corporate
net income taxes from ten percent to twenty-five percent for expenditures made
on or after December 31, 2017; providing for the use of tax credit on or after
January 1, 2020; prohibiting eligibility for credit if the taxpayer is in
arrears on certain tax payments; providing rule-making authority to the Tax
Commissioner; amending carry back and carry forward provisions for tax credit;
limiting the maximum amount available for tax credit per project and in the
aggregate per West Virginia state fiscal year; requiring the state Historic
Preservation Officer to reserve a certain amount of available tax credits for
projects where proposed tax credits will not exceed $500,000 per project;
authorizing the state Historic Preservation Officer to reallocate unused
credits reserved for certain projects; providing procedures for the issuance of
tax credit reservations and certificates by the state Historic Preservation
Officer; requiring the state Historic Preservation Officer to prescribe and
publish a form and instructions for applications for credits; providing for an
application fee payable to the state Historic Preservation Officer; requiring
the state Historic Preservation Officer to review and act upon applications
within thirty days of receipt; and providing a sunset provision.
Referred to the Committee on Finance.
By
Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate
Bill 2005?A Bill finding
and declaring a claim against the state and its agency to be a moral obligation
of the state; and directing the Auditor to issue warrants for the payment
thereof.
At the request of Senator Ferns, 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 Ferns, 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: Azinger, Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan,
Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins,
Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
The bill was read a second time and ordered
to engrossment and third reading.
Engrossed Senate Bill 2005 was then read a
third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns,
Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng. S. B. 2005) passed with its title.
Senator Ferns moved that the bill take
effect from passage.
On this question, the yeas were: Azinger,
Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns, Gaunch,
Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. S. B. 2005) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
By
Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive):
Senate
Bill 2006?A Bill to amend
and reenact ?21-1C-2, ?21-1C-4 and ?21-1C-6 of the Code of West Virginia, 1931,
as amended, all relating generally to the West Virginia Jobs Act; defining
terms; requiring Workforce West Virginia to provide a waiver to an employer if
unable to refer certain amount of qualified job applicants to the employer
within three business days; increasing and adding civil penalties for
violations; providing for written notice of violation to employer for
violations; creating a special revenue account; and other technical
corrections.
Referred to the Committee on the Judiciary.
At the request of Senator Ferns, unanimous
consent being granted, Senator Ferns offered the following resolution from the
floor:
Senate Concurrent Resolution 201?Authorizing
adjournments of the Senate and House of Delegates.
Resolved by the
Legislature of West Virginia:
That during
this Second Extraordinary Session of the Eighty-Third Legislature, the House of
Delegates is hereby authorized to adjourn sine
die in advance of the Senate, and while remaining in session to consider
executive nominations, the Senate is hereby authorized to adjourn, as needed,
for more than three days, pursuant to Section 23, Article VI of the
Constitution of the State of West Virginia.
At the request
of Senator
The question
being on the adoption of the resolution, the same was put and prevailed.
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 2003, Implementing
special hiring procedures for DOH and Tax Division.
On second reading, coming up in regular
order, was read a second time.
At the request of Senator Ferns, and by
unanimous consent, the Senate proceeded to the thirteenth order of business.
Senator
On motion of Senator Ferns, the Senate
recessed until 3 p.m. today.
Upon expiration of the recess, the Senate
reconvened and, at the request of Senator Ferns, unanimous consent being
granted, returned to the ninth order of business.
Senate
Bill 2003, Implementing
special hiring procedures for DOH and Tax Division.
Having been read a second time in earlier
proceedings today, and now coming up in regular order, was again reported by
the Clerk.
On motions of Senators
By striking out everything after the
enacting clause and inserting in lieu thereof the following:
That
the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated ?11B-1-8; and that said code be amended by adding thereto a
new section, designated ?17-2A-24, all to read as follows:
Chapter
11. Department of Revenue.
Article 1. Department of Revenue.
?11B-1-8. Special employment
procedures for Tax Division Personnel.
(a) Legislative findings and
intent. ?
(1) The Tax Division of the Department of Revenue has approximately
one hundred vacancies. The Legislature finds that the division has long had
difficulty filling positions which are essential to efficiently and effectively
administering, collecting and enforcing the tax laws of this state. The
Legislature finds that, to address this problem, the hiring and retention
processes of the division must be streamlined to effectively and efficiently
meet personnel needs while still affording applicants and employees the due
process protections of classified service.
(2) The ratification of the Roads to Prosperity Amendment of 2017
to the Constitution of West Virginia will result in substantially increased
funding for roads and highways in the state and the opportunity for in-state
and out-of-state contractors to bid on road projects. The need to ensure that
all businesses are in compliance with the tax laws of this state will
exacerbate the division?s staffing shortage.
(3) The purpose of this section is to allow the division to employ
qualified applicants in vacant and new personnel positions within the division
in a timely manner and to ensure that the division maintains an adequate
workforce to effectively and fairly administer, collect and enforce the tax
laws of this state.
(b) Definitions. ? As
used in this section:
(1) ?Commissioner? means the Commissioner of the Tax Division of
the Department of Revenue or his or her designee; and
(2) ?Division? means the Tax Division of the Department of Revenue.
(c) Special employment
procedure; requirements. ? The commissioner shall implement the special
merit based application and appointment procedure authorized by the provisions
of this section for all the employees of the division to ensure and provide for
the selection and retention of competent and qualified personnel. The special
application and employment procedure established pursuant to this section shall
be effective on and after December 1, 2017, and shall be subject to the
following requirements:
(1) The Division of Personnel shall provide competitive registers
of eligible applicants when requested by the division to do so within five
business days of receipt of the request;
(2) Any position to be filled internally shall be posted for seven
calendar days before the division may select an applicant. For positions to be
filled with applicants from outside of the division, the public service
announcement shall be posted for not less than fourteen calendar days;
(3) Postings shall be active for up to one year;
(4) Notwithstanding any provision of law or rule promulgated under
the provisions of this code, the division may employ any person listed on the
register for employment as a Tax and Revenue Auditor 1, Tax and Revenue Auditor
2, Tax and Revenue Auditor 3, Revenue Agent 1, Revenue Agent 2, Investigator 2
or Investigator 3 without regard to the person?s position on the applicable
register;
(5) The division shall have full authority to evaluate applicants
for employment or promotion within the division to positions within the
classified service and classified-exempt service. The division shall have sole
authority to determine whether applicants for positions with the division meet
minimum position requirements;
(6) The division shall have full authority to make classification
determinations for positions within the division by using the classification
system approved by the State Personnel Board. The division may independently
submit to the State Personnel Board recommendations for the approval of new division
classifications or the amendment of current division classifications;
(7) The division shall have full authority to exercise its
discretion regarding the application of the Division of Personnel?s system of
compensation for positions within the classified and classified-exempt service:
Provided, That application of this
subdivision shall be uniform. The division may independently submit to the
State Personnel Board recommendations for the approval of a special pay scale
for the division?s personnel;
(8) Notwithstanding any provision of the code or of any rule to the
contrary, the Division of Personnel shall not be a mandatory party to any
public employee grievance filed against the division. The Division of Personnel
shall not be a signatory to, and may not override or otherwise challenge, the
division?s decisions regarding settlement terms and conditions in employee
grievances or other legal proceedings;
(9) The Division of Personnel shall facilitate or perform any lawful
action necessary to initiate or complete the division?s employment
transactions, including, but not limited to, posting positions on applicable
systems, initiating public service announcements when requested by the
division, and processing necessary forms;
(10) The division shall comply with all applicable record retention
requirements provided by law;
(11) The division is
authorized to declare any positions effectively vacant due to employee
separations, which were not processed prior to the division being placed under
the wvOASIS system, vacant and subject to being filled pursuant to the
provisions of this section;
(12) The division shall have the flexibility to utilize all vacant
position numbers when posting to fill a vacancy and to post vacant positions
utilizing multiple classifications with corresponding job descriptions when the
commissioner determines it to be necessary and in the best interest of the
division; and
(13) For purposes of this section, a vacancy created when an
employee of the division separates or goes on terminal leave may be posted upon
receipt of the notice that the employee separated or commenced such leave.
(d) Exemption from regular
application and appointment requirements. ? When seeking applications or
making appointments pursuant to the special procedure authorized by subsection
(c) of this section, the division is not required to comply with Division of
Personnel procedures for seeking applications and making appointments to
classified service positions as provided by the provisions of articles six and
six-a, chapter twenty-nine of this code or in any other provision of this code,
including those procedures promulgated in procedural or legislative rules
promulgated by the commissioner pursuant to article three, chapter
twenty-nine-a of this code, except that this section does not exempt the
division from provisions of this code, prohibiting nepotism, favoritism,
discrimination or unethical practices related to appointment, or the public
employee grievance system.
(e) The commissioner may promulgate emergency rules and shall
propose legislative rules pursuant to the provisions of article three, chapter
twenty-nine-a of this code as may be necessary to implement and comply with the
provisions of this section.
(f) The provisions of this section shall apply notwithstanding the
provisions of article six or article six-a, chapter twenty-nine of this code to
the contrary.
(g) Classified employees of the division shall continue to be
covered by the civil service system and may utilize any applicable public
employee grievance process.
Chapter
17. Roads and Highways.
?ARTICLE 2A. The West
Virginia Commissioner of Highways.
?17-2A-24. Special
employment procedures for Division of Highways Personnel.
(a) Legislative findings and intent. ?
(1) The Legislature previously
commissioned a performance audit to assess and improve the effectiveness and
efficiency of the core operations of the Division of Highways. The Division of
Highways has long had difficulty filling positions which are essential to
constructing and maintaining the state?s highways and bridges. The Legislature
finds that the hiring and retention processes of the division must be
streamlined to effectively and efficiently meet personnel needs while still
affording applicants and employees the due process protections of classified
service.
(2) The Legislature has
recently approved increased funding for the division which will exacerbate its
staffing shortage of hundreds of positions.
(3) The purpose of this
section is to allow the Division of Highways to employ qualified applicants to
vacant and new personnel positions in the division in a timely manner and to
ensure that the Division of Highways has an adequate workforce sufficient to
maintain safe roadways for the citizens of West Virginia.
(b) Definitions. ? As used in this section:
(1) ?Commissioner? means
the Commissioner of the Division of Highways or his or her designee; and
(2) ?Division? means the
Division of Highways.
(c) Special employment procedure; requirements. ? The commissioner shall
implement the special merit-based application and appointment procedure
authorized by the provisions of this section for all the employees of the
division to ensure and provide for the selection and retention of competent and
qualified personnel. The special application and employment procedure established
pursuant to this section shall be effective on and after December 1, 2017, and
shall be subject to the following requirements:
(1) The Division of
Personnel shall provide competitive registers of eligible applicants when
requested by the division to do so within five business days of receipt of the request;
(2) Any position to be
filled internally shall be posted for seven calendar days before the division
may select an applicant. For positions to be filled with an applicant from
outside of the division, the public service announcement shall be posted for
not less than fourteen calendar days;
(3) Postings shall be
active for up to one year;
(4) Notwithstanding any
provision of law or of any rule promulgated under the provisions of this code,
the division may employ any person listed on the Transportation Worker I
register for employment as a Transportation Worker I without regard to the
person?s position on said register;
(5) The division shall
have full authority to evaluate applicants for employment or promotion within
the division to positions within the classified service and classified-exempt
service. The division shall have sole authority to determine whether applicants
for positions with the division meet minimum position requirements;
(6) The division shall have
full authority to make classification determinations for positions within the
division by using the classification system approved by the State Personnel
Board. The division may independently submit to the State Personnel Board
recommendations for the approval of new division classifications or the
amendment of current division classifications;
(7) The division shall
have full authority to exercise its discretion regarding the application of the
Division of Personnel?s system of compensation for positions in the division within
the classified and classified-exempt service: Provided, That application of the provisions of this subdivision
shall be uniform. The division may independently submit to the State Personnel
Board recommendations for the approval of a special pay scale for the
division?s personnel;
(8) Notwithstanding any
provision of the code or of any rule to the contrary, the Division of Personnel
shall not be a mandatory party to any public employee grievance filed against
the division. The Division of Personnel shall not be a signatory to, and may
not override or otherwise challenge, the division?s decisions regarding
settlement terms and conditions in employee grievances or other legal
proceedings;
(9) The Division of
Personnel shall facilitate or perform any lawful action necessary to initiate
or complete the division?s employment transactions, including, but not limited
to, posting positions on applicable systems, initiating public service
announcements when requested by the division, and processing necessary forms;
(10) The division shall
comply with all applicable record retention requirements provided by law;
(11) The division is
authorized to declare any positions effectively vacant due to employee
separations, which were not processed prior to the division being placed under
the wvOASIS system, vacant and subject to being filled pursuant to the
provisions of this section;
(12) The division shall
have the flexibility to utilize all vacant position numbers when posting to
fill a vacancy and to post vacant positions utilizing multiple classifications with
corresponding job descriptions when the commissioner determines it to be
necessary and in the best interest of the agency; and
(13) For purposes of
this section, a vacancy created when an employee of the division separates or
goes on terminal leave may be posted upon receipt of the notice that the
employee has separated or commenced such leave.
(d) Exemption from regular application and appointment requirements. ?
When seeking applications or making appointments pursuant to the special
procedure authorized by subsection (c) of this section, the division is not
required to comply with Division of Personnel procedures for seeking
applications and making appointments to classified service positions as
provided by the provisions of articles six and six-a, chapter twenty-nine of
this code or any other provision of this code, including those procedures
promulgated by legislative rules, subject however to the following exceptions:
(1) This section does
not exempt the division from provisions of this code, prohibiting nepotism,
favoritism, discrimination or unethical practices related to employment and
promotion, or the public employee grievance system; and
(2) The provisions of
this section may not be applied to hiring procedures applicable to any division
classified service position or employee in any manner that disqualifies the
division for eligibility for any federal highway funds or assistance.
(e) Rules. ? The commissioner may promulgate emergency rules and shall
propose legislative rules pursuant to the provisions of article three, chapter
twenty-nine-a of this code as may be necessary to implement and comply with the
provisions of this section.
(f) The provisions of
this section shall apply notwithstanding any provisions of article six or
six-a, chapter twenty-nine of this code to the contrary.
(g) Classified employees
of the division shall continue to be covered by the civil service system and
may utilize any applicable public employee grievance process.
The bill
On motion of Senator Ferns, 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: Azinger, Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan,
Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins,
Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
Engrossed Senate Bill 2003 was then read a
third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns,
Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng. S. B. 2003) passed.
On motions of Senators
Eng.
Senate Bill 2003?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?11B-1-8; and to amend said code by adding thereto a new
section, designated ?17-2A-24, all relating generally to employment procedures
of the Division of Highways and the Tax Division of the Department of Revenue;
authorizing the Tax Commissioner and the Commissioner of Highways to implement
special employment procedures for personnel positions in their respective
divisions; making legislative findings; defining terms; establishing
requirements for the special employment procedures; exempting Tax Division of
the Department of Revenue and Division of Highways from certain other employment
procedures; permitting recommendations for new schedules of compensation;
exempting Division of Personnel from involvement in certain grievance claims or
settlements; directing Division of Personnel to facilitate special employment
procedures; requiring Division of Personnel to perform any lawful action
necessary to initiate or complete employment transactions of the Division of
Highways or the Tax Division under newly established employment procedures;
providing for continued application of due process; maintaining efficacy of
code provisions prohibiting nepotism, favoritism and discrimination under the
special employment procedures; authorizing the Commissioner of Highways and the
Tax Commissioner to promulgate emergency rules; and requiring the Commissioner
of Highways and the Tax Commissioner to propose legislative rules for the
implementation of the special employment procedures authorized for their
respective agencies.
Senator Ferns moved that the bill take
effect from passage.
On this question, the yeas were: Azinger,
Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns, Gaunch,
Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. S. B. 2003) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
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
Eng. House Bill 201?A Bill to amend
and reenact ?11-21-12 of the Code of West Virginia, 1931, as amended, relating
to exempting military retirement income from personal income tax after
specified date.
On
motion of Senator Ferns, 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: Azinger, Baldwin, Beach,
Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes,
Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel
and Carmichael (Mr. President)?33.
The
nays were: None.
Absent:
Clements?1.
The
bill was read a second time and ordered to third reading.
Having
been engrossed, the bill (Eng. H. B. 201) was then read a third time and put
upon its passage.
Senator
The
Chair replied that any impact on Senator
On
the passage of the bill, the yeas were: Azinger, Baldwin, Beach, Blair, Boley,
Boso, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney,
Maynard, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?33.
The
nays were: None.
Absent:
Clements?1.
So,
a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng. H. B. 201) passed with its
title.
Senator
Ferns moved that the bill take effect from passage.
On
this question, the yeas were: Azinger, Baldwin, Beach, Blair, Boley, Boso,
Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney,
Maynard, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?33.
The
nays were: None.
Absent:
Clements?1.
So,
two thirds of all the members elected to the Senate having voted in the
affirmative, the President declared the bill (Eng. H. B. 201) takes effect from
passage.
Ordered,
That The Clerk communicate to the House of Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced the passage by that body, to
take effect
Eng. House Bill 203?A Bill to
amend and reenact ?11-21-8a and ?11-21-8e of the Code of West Virginia, 1931,
as amended; and to amend and reenact ?11-24-23a and ?11-24-23e of said code,
all relating generally to tax credits for rehabilitation of historic buildings
and structures; increasing the amount of tax credit against personal and
corporate net income taxes from ten percent to twenty-five percent for
expenditures made on or after December 31, 2017; providing for the use of tax
credit on or after January 1, 2020; prohibiting eligibility for credit if the
taxpayer is in arrears or delinquent on certain tax payments; directing
rule-making by the Tax Commissioner; eliminating allowance of tax credits after
December 31, 2022; allowing prior authorized tax credits to be claimed; limiting
the maximum amount available for tax credit per project and in the aggregate
per West Virginia state fiscal year; requiring the state historic preservation
officer to reserve a certain amount of available tax credits for projects where
proposed tax credits will not exceed $500,000 per project; authorizing the
state historic preservation officer to reallocate unused credits reserved for
certain projects; modifying carry-back and carry-forward provisions for tax
credits; providing requirements and procedures for the allocation and issuance
of tax credit reservations and certificates by the state historic preservation
officer; establishing requirements to claim tax credits; requiring the state
historic preservation officer to prescribe and publish a form and instructions
for applications for credits; providing for an application fee payable to the
state historic preservation officer; establishing and providing for the
administration of and expenditures from a special revenue account; and
providing time limits for certain actions of the state historic preservation
officer.
At the request of Senator Ferns, 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 Ferns, 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: Azinger, Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan,
Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins,
Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
The bill was read a second time and ordered
to third reading.
Having been engrossed, the bill (Eng. H. B. 203)
was then read a third time and put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were:
Azinger, Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns,
Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng. H. B. 203) passed with its title.
Senator Ferns moved that the bill take
effect from passage.
On this question, the yeas were: Azinger,
Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns, Gaunch,
Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. H. B. 203) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Thereafter,
at the request of Senator
A message
from The Clerk of the House of Delegates announced the passage by that body, to
take effect
Eng. House Bill 205?A Bill to
amend and reenact ?21-1C-2, ?21-1C-4, and ?21-1C-6 of the Code of West
Virginia, 1931, as amended, all relating generally to the West Virginia Jobs
Act; defining terms; requiring Workforce West Virginia to provide a waiver to
an employer if unable to refer certain amount of qualified job applicants to
the employer within three business days; increasing and adding civil penalties
for violations; providing for written notice of violation to employer for
violations; creating a special revenue account; and other technical
corrections.
At the request of Senator Ferns, 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 Ferns, 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: Azinger, Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan,
Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins,
Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
The bill was read a second time and ordered
to third reading.
Having been engrossed, the bill (Eng. H. B. 205)
was then read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns,
Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng. H. B. 205) passed with its title.
Senator Ferns moved that the bill take
effect from passage.
On this question, the yeas were: Azinger,
Baldwin, Beach, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns, Gaunch,
Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Clements?1.
So, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. H. B. 205) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
On motion of
Senator Ferns, the Senate recessed until 6 p.m. today.
??????????? Upon
expiration of the recess, the Senate reconvened and, without objection, 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 Senate amendments to
the House of Delegates amendments to, and the passage as amended, to take
effect
Eng.
Senate Bill 2002, Allowing
certain tax information be shared with designated DOH employees.
A message from The Clerk of the House of
Delegates announced the amendment by that body, passage as amended, to take
effect
Eng.
Senate Bill 2003,
Implementing special hiring procedures for DOH and Tax Division.
On motion of Senator
The following House of Delegates
On page
On page six, section eight, lines eighty-six
and eighty-seven, by striking out the words ?or article six-a?;
On page nine, section twenty-four, line
seventy-three, by striking out the words ?articles six and six-a? and inserting
in lieu thereof the words ?article six?;
And,
On page nine, section twenty-four, line
eighty-six, by striking out the words ?or article six-a?.
On motion of Senator
Engrossed
On the passage of the bill, the yeas were:
Baldwin, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries,
Mann, Maynard, Plymale, Prezioso, Romano, Swope, Sypolt, Trump, Unger, Weld and
Carmichael (Mr. President)?21.
The nays were: None.
Absent: Azinger, Beach, Clements, Karnes,
Maroney, Mullins, Ojeda, Palumbo, Rucker, Smith, Stollings, Takubo and Woelfel?13.
So, a majority of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng.
Senator
On this question, the yeas were: Azinger,
Baldwin, Blair, Boley, Boso, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries,
Mann, Maynard, Plymale, Prezioso, Romano, Smith, Swope, Sypolt, Trump, Unger,
Weld and Carmichael (Mr. President)?23.
The nays were: None.
Absent: Beach, Clements, Karnes, Maroney,
Mullins, Ojeda, Palumbo, Rucker, Stollings, Takubo and Woelfel?11.
So, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the passage of, to take
effect
Eng.
Senate Bill 2005, Finding
and declaring claim against state.
A message from The Clerk of the House of Delegates
announced the concurrence by that body in the adoption of
Senate
Concurrent Resolution 201,
Authorizing adjournments of Senate and House of Delegates.
Under
authority of Senate Concurrent Resolution 201, hereinbefore adopted,
On motion of
Senator Ferns, the Senate adjourned until Monday, November 13, 2017, at 12
Noon.
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