Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2018

ONE HUNDRED SIXTY-EIGHTH DAY

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Charleston, West Virginia, Monday, December 10, 2018

Pursuant to the adjournment of October 15, 2018, under authority of

Senate Concurrent Resolution 201, Authorizing adjournments of Senate and House of Delegates.

The Senate reassembled in extraordinary session in its chamber in the state capitol in the City of Charleston, at 12:32 p.m., and was called to order by its President, the Honorable Mitch Carmichael.

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 Patricia Puertas Rucker, a senator from the sixteenth district.

Pending the reading of the Journal of Monday, October 15, 2018,

At the request of Senator Plymale, unanimous consent being granted, 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 Clerk presented the following communications from various state agencies as required by the provisions of law:

            Chiropractic Examiners, Board of (§30-1-12)

            Dentistry, Board of (§30-1-12)

            Dietitians, Board of Licensed (§30-1-12)

            Economic Development Authority (§31-15-29)

Environmental Protection, Department of (Oil and Gas Operating Permit and Processing Fund) (§22-6-29)

            Environmental Protection, Department of (Oil and Gas Reclamation Fund) (§22-6-29)

            Forestry, Division of (Outdoor Heritage Conservation Fund) (§5B-2G-6)

            Medical Imaging and Radiation Therapy Technology Board of Examiners (§30-1-12)

            Nursing Home Administrators Licensing Board (§30-1-12)

            Occupational Therapy, Board of (§30-1-12)

            Osteopathic Medicine, Board of (§30-1-12)

            Professional Engineers, Board of Registration for (§30-1-12)

            Professional Surveyors, Board of (§30-1-12)

            Psychologists, Board of Examiners of (§30-1-12)

            Public Employees Insurance Agency (Financial Plan) (§5-16-5)

            Real Estate Commission (§30-1-12)

            Veterinary Medicine, Board of (§30-1-12)

            Water Development Authority (§22C-1-17)

            The Senate proceeded to the third order of business.

Executive Communications

Senator Carmichael (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:

Jim Justice

Governor of West Virginia

December 10, 2018

Senate Executive Message No. 1

Second Extraordinary Session 2018

TO:      The Honorable Members of the

            West Virginia Senate

Ladies and Gentlemen:

I respectfully submit the following nominations for your advice and consent:

1.         For Member, Motor Vehicle Dealers Advisory Board, Dennis Sheets, Bluefield, Mercer County, for the term ending June 30, 2019.

2.         For Member, Motor Vehicle Dealers Advisory Board, Larry Dawson, Winfield, Putnam County, for the term ending June 30, 2019.

3.         For Member, Board of Funeral Service Examiners, Eugene T. Fahey, Wheeling, Ohio County, for the term ending June 30, 2021.

4.         For Member, Board of Funeral Service Examiners, Robert C. Fields, Martinsburg, Berkeley County, for the term ending June 30, 2021.

5.         For Member, Board of Funeral Service Examiners, Eric B. Nichols, Charleston, Kanawha County, for the term ending June 30, 2020.

6.         For Member, Board of Funeral Service Examiners, Ronald D. Waybright, Ripley, Jackson County, for the term ending June 30, 2021.

7.         For Member, Board of Control for Southern Regional Education, The Honorable Robert H. Plymale, Huntington, Wayne County, for the term ending June 30, 2022.

8.         For Acting Secretary, West Virginia Department of Commerce, W. Clayton Burch, Culloden, Cabell County, to serve at the will and pleasure of the Governor.

9.         For Commissioner, West Virginia Division of Corrections, Betsy Steinfeld Jividen, Wheeling, Ohio County, to serve at the will and pleasure of the Governor.

10.       For Member, Environmental Quality Board, Marybeth Winters, Beckley, Raleigh County, for the term ending June 30, 2023.

11.       For Member, Board of Pharmacy, Victoria Skaff, Charleston, Kanawha County, for the term ending June 30, 2023.

12.       For Member, Natural Resources Commission, Thomas Owen Dotson, Lewisburg, Greenbrier County, for the term ending June 30, 2025.

13.       For Member, Statewide Independent Living Council, Mark Fordyce, Charlton Heights, Fayette County, for the term ending June 30, 2021.

14.       For Member, Statewide Independent Living Council, D. Scott Gossard, Petersburg, Grant County, for the term ending June 30, 2021.

15.       For Member, Statewide Independent Living Council, Kevin Smith, Parkersburg, Wood County, for the term ending June 30, 2021.

16.       For Member, Statewide Independent Living Council, Molly Spence, Scott Depot, Putnam County, for the term ending June 30, 2021.

17.       For Member, Statewide Independent Living Council, Joshua Brown, Charleston, Kanawha County, for the term ending June 30, 2021.

18.       For Member, Statewide Independent Living Council, Vanessa VanGilder, Charleston, Kanawha County, for the term ending June 30, 2021.

19.       For Member, Statewide Independent Living Council, Cindy Tucker, Lewisburg, Greenbrier County, for the term ending June 30, 2021.

20.       For Member, Statewide Independent Living Council, Dawn Embry-King, Charleston, Kanawha County, for the term ending June 30, 2021.

21.       For Member, Statewide Independent Living Council, Michael Cogley, Wheeling, Ohio County, for the term ending June 30, 2021.

22.       For Member, Statewide Independent Living Council, Ardella Cottrill, Fairmont, Marion County, for the term ending June 30, 2019.

23.       For Member, Statewide Independent Living Council, Bob Waybright, Webster Springs, Webster County, for the term ending June 30, 2021.

24.       For Member, Statewide Independent Living Council, Anne Weeks, Huntington, Cabell County, for the term ending June 30, 2021.

25.       For Member, Statewide Independent Living Council, Odessa Williams, Huntington, Cabell County, for the term ending June 30, 2021.

26.       For Member, Higher Education Policy Commission, Andrew A. Payne III, Charleston, Kanawha County, for the term ending June 30, 2022.

27.       For Member, Bluefield State College Board of Governors, The Honorable William P. Cole III, Bluefield, Mercer County, for the term ending June 30, 2021.

28.       For Member, Bluefield State College Board of Governors, Charles M. Cole, Bluefield, Mercer County, for the term ending June 30, 2021.

29.       For Member, Aeronautics Commission, Derek Long, Buckhannon, Upshur County, for the term ending June 30, 2020.

30.       For Director, Division of Justice and Community Services, Joseph C. Thornton, Culloden, Putnam County, to serve at the will and pleasure of the Governor.

31.       For Member, State Rail Authority, Max G. Scott, Daniels, Raleigh County, for the term ending June 30, 2022.

32.       For Member, State Rail Authority, David W. Pancake, Romney, Hampshire County, for the term ending June 30, 2022.

33.       For Member, West Virginia Records Management and Preservation Board, The Honorable Charles N. Zerkle, Jr., Barboursville, Cabell County, to serve at the will and pleasure of the Governor.

34.       For Member, West Virginia Parole Board, Ted A. White, Wheeling, Ohio County, for the term ending June 30, 2019.

35.       For Member, Fire Commission, Martin Hess, Sand Fork, Gilmer County, for the term ending June 30, 2023.

36.       For Member, Fire Commission, Doug Mongold, Moorefield, Hardy County, for the term ending June 30, 2023.

37.       For Member, Fire Commission, Mark Stroop, Martinsburg, Berkeley County, for the term ending June 30, 2023.

38.       For Member, Board of Funeral Service Examiners, Richard Bishoff, Charleston, Kanawha County, for the term ending June 30, 2022.

39.       For Member, Board of Funeral Service Examiners, Frederick H. Kitchen, Milton, Cabell County, for the term ending June 30, 2019.

40.       For Member, Election Commission, Nathan K. Tawney, Charleston, Kanawha County, for the term ending June 4, 2023.

41.       For Member, Election Commission, Anthony J. Delligatti, Martinsburg, Berkeley County, for the term ending June 4, 2023.

42.       For Member, Election Commission, Matthew Chapman, Wheeling, Ohio County, for the term ending June 4, 2020.

43.       For Member, Bluefield State College Board of Governors, Garry D. Moore, Sr., Bluefield, Mercer County, for the term ending June 30, 2022.

44.       For Member, Bluefield State College Board of Governors, J. Ronald Hypes, Bluefield, Mercer County, for the term ending June 30, 2022.

45.       For Member, West Virginia Board of Education, Nancy J. White, Berkeley Springs, Morgan County, for the term ending November 4, 2022.

46.       For Member, West Virginia School of Osteopathic Medicine Board of Governors, Gregory A. Burton, Charleston, Kanawha County, for the term ending June 30, 2022.

47.       For Member, West Virginia School of Osteopathic Medicine Board of Governors, Steven C. Sarver, Bluefield, Mercer County, for the term ending June 30, 2022.

48.       For Member, West Virginia University Board of Governors, Elmer F. Coppoolse, Bethesda, Maryland, for the term ending June 30, 2022.

49.       For Member, West Virginia University Board of Governors, David Alvarez, Bridgeport, Harrison County, for the term ending June 30, 2022.

50.       For Member, Southern West Virginia Community and Technical College Board of Governors, Lisa J. Haddox-Heston, Logan, Logan County, for the term ending June 30, 2022.

51.       For Member, Southern West Virginia Community and Technical College Board of Governors, Janice Olive, Williamson, Mingo County, for the term ending June 30, 2022.

52.       For Member, West Virginia State Board of Registration for Professional Engineers, Garth E. Thomas, Jr., South Charleston, Kanawha County, for the term ending June 30, 2023.

53.       For Member, Real Estate Commission, Robert D. Kennen, Wheeling, Ohio County, for the term ending June 30, 2021.

54.       For Member, West Virginia Board of Osteopathic Medicine, Andy R. Tanner, Charleston, Kanawha County, for the term ending June 30, 2023.

55.       For Member, Board of Examiners in Counseling, Lisa A. Westfall, Charleston, Kanawha County, for the term ending June 30, 2023.

56.       For Member, Board of Examiners in Counseling, Anthony Onorato, Morgantown, Monongalia County, for the term ending June 30, 2019.

57.       For Member, Board of Examiners in Counseling, Regina A. Burgess, Morgantown, Monongalia County, for the term ending June 30, 2023.

58.       For Member, Industrial Council, Michael Keener, Hurricane, Putnam County, for the term ending June 30, 2021.

59.       For Member, Nursing Home Administrators Licensing Board, Rodney L. Hannah, Ripley, Jackson County, for the term ending June 30, 2023.

60.       For Member, Board of Accountancy, Jean A. Bailey, Wheeling, Ohio County, for the term ending June 30, 2019.

61.       For Member, Board of Accountancy, Joseph T. Holley, Barboursville, Cabell County, for the term ending June 30, 2021.

62.       For Member, West Virginia Board of Professional Surveyors, Gary D. Facemyer, Sissonville, Kanawha County, for the term ending June 30, 2022.

63.       For Member, West Virginia Board of Architects, Richard Forren, Bridgeport, Harrison County, for the term ending June 30, 2023.

64.       For Member, West Virginia Board of Dentistry, Stanley W. Kaczkowski, Scott Depot, Putnam County, for the term ending June 30, 2023.

65.       For Member, West Virginia Board of Acupuncture, Deborah Schmidt, Lewisburg, Greenbrier County, for the term ending June 30, 2021.

66.       For Member, West Virginia Board of Acupuncture, Stacy L. Roman, Morgantown, Monongalia County, for the term ending June 30, 2021.

67.       For Member, Board of Examiners of Psychologists, Jeffrey A. Hammond, Masontown, Preston County, for the term ending June 30, 2021.

68.       For Member, Board of Examiners of Psychologists, Sandra Stroebel, Charleston, Kanawha County, for the term ending June 30, 2021.

69.       For Member, Board of Examiners of Psychologists, Susannah Poe, Fairmont, Marion County, for the term ending June 30, 2020.

70.       For Member, Board of Examiners of Psychologists, Beverly A. Branson, Charleston, Kanawha County, for the term ending June 30, 2019.

71.       For Member, Board of Examiners of Psychologists, Charley Bowen, Culloden, Putnam County, for the term ending June 30, 2020.

72.       For Member, Board of Landscape Architects, Jason Testman, Charleston, Kanawha County, for the term ending June 30, 2020.

73.       For Member, Board of Landscape Architects, John Rudmann, Morgantown, Monongalia County, for the term ending June 30, 2019.

74.       For Member, Board of Landscape Architects, Nathaniel C. Greene, Morgantown, Monongalia County, for the term ending June 30, 2021.

75.       For Member, West Virginia Massage Therapy Licensure Board, Marsha Starr, Hamlin, Lincoln County, for the term ending June 30, 2020.

76.       For Member, West Virginia Massage Therapy Licensure Board, John Skelton, Shady Spring, Raleigh County, for the term ending June 30, 2020.

77.       For Director, West Virginia Lottery, John Myers, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.

78.       For Director, Division of Homeland Security and Emergency Management, Michael L. Todorovich, Clendenin, Kanawha County, to serve at the will and pleasure of the Governor.

79.       For Member, Retail Liquor Licensing Board, Clarence Pennington, Martinsburg, Berkeley County, for the term ending December 1, 2019.

80.       For Member, Retail Liquor Licensing Board, Sam Weiss, Morgantown, Monongalia County, for the term ending December 1, 2020.

81.       For Member, Retail Liquor Licensing Board, Byrd E. White III, Beaver, Raleigh County, for the term ending December 1, 2021.

82.       For Member, Marshall University Board of Governors, William A. Smith, Sr., Huntington, Cabell County, for the term ending June 30, 2022.

83.       For Member, Marshall University Board of Governors, Geoffrey S. Sheils, Huntington, Cabell County, for the term ending June 30, 2022.

84.       For Member, Marshall University Board of Governors, H. Toney Stroud, Ona, Cabell County, for the term ending June 30, 2022.

85.       For Member, Eastern West Virginia Community and Technical College Board of Governors, Melinda S. Chambers, Romney, Hampshire County, for the term ending June 30, 2021.

86.       For Member, Eastern West Virginia Community and Technical College Board of Governors, Shawn Dilly, Keyser, Mineral County, for the term ending June 30, 2021.

87.       For Member, Eastern West Virginia Community and Technical College Board of Governors, Kimberly Sherman, Moorefield, Hardy County, for the term ending June 30, 2022.

88.       For Member, School Building Authority, Victor L. Gabriel, Bridgeport, Harrison County, for the term ending July 31, 2021.

89.       For Member, School Building Authority, Robert E. Holroyd, Princeton, Mercer County, for the term ending July 31, 2021.

90.       For Member, School Building Authority, Christopher G. Morris, Charleston, Kanawha County, for the term ending July 31, 2021.

91.       For Member, School Building Authority, Steven L. Burton, Prichard, Wayne County, for the term ending July 31, 2021.

92.       For Member, School Building Authority, Sandy Hamilton, Martinsburg, Berkeley County, for the term ending July 31, 2019.

93.       For Director, Office of Miners’ Health, Safety and Training, Eugene E. White, Dorothy, Raleigh County, to serve at the will and pleasure of the Governor.

94.       For Member, Concord University Board of Governors, Nelson Spencer, Princeton, Mercer County, for the term ending June 30, 2022.

95.       For Member, West Virginia School of Osteopathic Medicine Board of Governors, David C. Romine, Fort Rucker, Alabama, for the term ending June 30, 2021.

96.       For Member, Fairmont State University Board of Governors, Kevin W. Rogers, Fairmont, Marion County, for the term ending June 30, 2022.

97.       For Member, West Virginia Board of Chiropractic, Terry W. Chambers, Martinsburg, Berkeley County, for the term ending June 30, 2021.

98.       For Member, West Virginia Board of Chiropractic, Ruth R. Lemmon, Nitro, Kanawha County, for the term ending June 30, 2021.

99.       For Member, West Virginia Board of Education, Robert W. Dunlevy, Wheeling, Ohio County, for the term ending November 4, 2027.

100.     For Member, West Virginia Board of Medicine, Jonathan P. Lilly, Winfield, Putnam County, for the term ending September 30, 2023.

101.     For Member, West Virginia University Board of Governors, Richard A. Pill, Martinsburg, Berkeley County, for the term ending June 30, 2021.

102.     For Member, State Personnel Board, Forrest H. Roles, Charleston, Kanawha County, for the term ending June 30, 2022.

103.     For Member, State Personnel Board, Kymberly Gillespie, Thornton, Taylor County, for the term ending June 30, 2021.

104.     For Member, State Personnel Board, James H. Dissen, Charleston, Kanawha County, for the term ending June 30, 2022.

105.     For Member and Chair, West Virginia Parole Board, Jennifer Saad, Ghent, Raleigh County, for the term ending June 30, 2023.

106.     For Member, West Virginia Parole Board, Cedric R. Robertson, Beckley, Raleigh County, for the term ending June 30, 2023.

Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.

Sincerely,

Jim Justice

Governor

cc:       Clerk of the Senate

            Assistant Clerk of the Senate

            Senate Confirmations Chair

Which communication was received.

At the request of Senator Boley, and by unanimous consent, the nominations hereinbefore reported was taken up for immediate consideration.

Thereupon, Senator Carmichael (Mr. President) laid before the Senate the following executive message:

Senate Executive Message 1, dated December 10, 2018, (shown in the Senate Journal of today, immediately hereinbefore reported).

Senator Boley then moved that Senate advise and consent to all of the executive nominations referred to in Senate Executive Message 1, except the nomination of the Honorable Robert H. Plymale to the Board of Control for Southern Regional Education (being nomination number 7 in Executive Message 1).

The question being on the adoption of Senator Boley’s aforestated motion.

The roll was then taken; and

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Maroney, Maynard, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld, Woelfel, and Carmichael (Mr. President)—30.

The nays were: None.

Absent: Boso, Mann, Ojeda, and Unger—4.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Boley’s aforestated motion had prevailed and that all the executive nominations, except the nomination of the Honorable Robert H. Plymale to the Board of Control for Southern Regional Education (being nomination number 7 in Executive Message 1) had been confirmed.

Senator Boley then moved that the Senate advise and consent to the nomination of the Honorable Robert H. Plymale to the Board of Control for Southern Regional Education (being nomination number 7 in Executive Message 1).

Prior to the call of the roll, Senator Plymale moved to be excused from voting under Rule 43 of the Rules of the Senate, which motion prevailed.

The roll was then taken; and

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Maroney, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Boso, Mann, Ojeda, and Unger—4.

Excused from voting: Plymale—1.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Boley’s motion had prevailed and the nomination of the Honorable Robert H. Plymale to the Board of Control for Southern Regional Education had been confirmed.

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            Consideration of executive nominations having been concluded,

The Senate proceeded to the sixth order of business.

At the request of Senator Ferns, and by unanimous consent, Senator Ferns offered the following pre-adjournment resolution from the floor:

Senate Resolution 206—Raising a committee to notify His Excellency, the Governor, that the Senate is ready to adjourn sine die.

Resolved by the Senate:

That the President be authorized to appoint a committee of three to notify His Excellency, the Governor, that the Senate has completed its labors and is ready to adjourn sine die.

At the request of Senator Ferns, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

Under the provisions of the foregoing resolution, Senator Carmichael (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:

Senators Weld, Sypolt, and Jeffries.

Senators Weld, Sypolt, and Jeffries, comprising the Senate committee, then proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.

Subsequently, Senator Weld, from the select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Weld then reported this mission accomplished.

On motion of Senator Ferns, at 12:40 p.m., the second extraordinary session of the Senate in the year two thousand eighteen adjourned sine die.

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