Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2018

FIRST DAY

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Charleston, West Virginia, Tuesday, June 26, 2018

            Pursuant to the proclamation of His Excellency, the Governor, the Honorable Jim Justice, dated the twenty-fifth day of June, two thousand eighteen, convening the eighty-third Legislature of West Virginia in extraordinary session today (Tuesday, June 26, 2018), 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 Noon, and was called to order by its President, the Honorable Mitch Carmichael.

            Prayer was offered by the Honorable Charles S. Trump IV, a senator from the fifteenth district.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Roman W. Prezioso, Jr., a senator from the thirteenth district.

            On the call of the roll, the following answered to their names:

            Senators Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Gaunch, Jeffries, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Stollings, Swope, Sypolt, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President).

            Twenty-eight members having answered to their names, the President declared the presence of a quorum.

Executive Communications

            Senator Carmichael (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, JIM JUSTICE, 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 twenty-sixth day of June, Two Thousand Eighteen, in its chambers in the State Capitol, City of Charleston, for the limited purpose of considering and acting upon the following matters:

FIRST: Matters relating to the removal of one or more Justices of the Supreme Court of Appeals of West Virginia, including, but not limited to, censure, impeachment, trial, conviction, and disqualification; and

SECOND: 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 twenty-fifth day of June, in the year of our Lord, Two Thousand Eighteen, and in the One Hundred Fifty-Sixth year of the State.

JIM JUSTICE

GOVERNOR

By the Governor

                                                                                    MAC WARNER

                                                                                    SECRETARY OF STATE

            At the request of Senator Weld, unanimous consent being granted, Senator Weld offered the following resolution from the floor:

            Senate Resolution 201—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 Weld, 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 Cline, Arvon, and Beach.

            Subsequently, Senator Cline, 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 Ambler, Sypolt, and Lynch, 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 Weld, unanimous consent being granted, Senator Weld offered the following resolution from the floor:

            Senate Resolution 202—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 Weld, 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 Rucker, Clements, and Woelfel.

            A message from the House of Delegates, by

            Delegates Kelly, Sobonya, and Hicks, 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 202. Senate and House members of this select committee then proceeded to the executive offices.

            Subsequently, Senator Rucker reported that the joint Senate and House committee had performed the duty assigned to it.

            At the request of Senator Weld, and by unanimous consent, Senator Weld 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 Legislature in 2018, both the Senate and House of Delegates are 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 Weld, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.

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 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 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 Weld, at 12:21 p.m., the Senate adjourned until called back into session by the presiding officer.

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