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Senate Journal


Day 01 (12-04-2017) - [PDF]

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

THIRD EXTRAORDINARY SESSION, 2017

FIRST DAY

____________

Charleston, West Virginia, Monday, December 4, 2017

??????????? Pursuant to the proclamation of His Excellency, the Governor, the Honorable Jim Justice, dated the first day of December, two thousand seventeen, convening the eighty-third Legislature of West Virginia in extraordinary session today (Monday, December 4, 2017), 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 1 o?clock p.m., 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 Ryan W. Weld, a senator from the first district.

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

??????????? Senators Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld, Woelfel and Carmichael (Mr. President).

.?????????? Thirty-two 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 1 p.m. on the fourth day of December, Two Thousand Seventeen, in its chambers in the State Capitol, City of Charleston, for the limited purpose of considering and acting upon the following matters:

FIRST: A bill authorizing the sale of state bonds in conjunction with the ?Roads to Prosperity Amendment of 2017?.

SECOND: A concurrent resolution providing for the issuance of not to exceed eight hundred million dollars of bonds pursuant to the ?Roads to Prosperity Amendment of 2017? and article twenty-six-a, chapter seventeen of the code of West Virginia.

THIRD: 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 first day of December, in the year of our Lord, Two Thousand Seventeen, and in the One Hundred Fifty-Fifth year of the State.

??????????? JIM JUSTICE

??????????? GOVERNOR

By the Governor

??????????????????????????????????????????????????????????????????????????????????????????????? MAC WARNER

??????????????????????????????????????????????????????????????????????????????????????????????? SECRETARY OF STATE

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

??????????? Senate Resolution 301?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 Ferns, 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 Boso, Smith and Baldwin.

??????????? Subsequently, Senator Boso, 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 Dean, Summers 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 Ferns, unanimous consent being granted, Senator Ferns offered the following resolution from the floor:

??????????? Senate Resolution 302?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 Ferns, 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, Swope, Drennan and Stollings.

??????????? A message from the House of Delegates, by

??????????? Delegates Capito, Westfall and Hartman, 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 302. Senate and House members of this select committee then proceeded to the executive offices.

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

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 Carmichael (Mr. President) and Prezioso (By Request of the Executive):

Senate Bill 3001?A Bill to amend and reenact ?17-3-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated ?17-26A-1, ?17-26A-2, ?17-26A-3, ?17-26A-4, ?17-26A-5, ?17-26A-6, ?17-26A-7, ?17-26A-8, ?17-26A-9, ?17-26A-10, ?17-26A-11, ?17-26A-12, ?17-26A-13 and ?17-26A-14, all relating generally to state road bonds; requiring proceeds from the sale of state road bonds issued pursuant to Roads to Prosperity Amendment of 2017 to be kept in separate and distinct account in the State Road Fund; authorizing cost of issuance to be paid from State Road Fund; providing definitions; authorizing sale of bonds; providing schedule for sale of bonds; providing amount of bonds to be sold; providing conditions on the sale and issuance of bonds; creating the Roads to Prosperity Bond Debt Service Fund; authorizing investment of the fund; providing bond covenants; requiring certification of annual debt service amount; prohibiting conflicts of interest; creating a criminal misdemeanor offense and providing penalties for the proceeds from the sale of bonds to inure to the benefit of or be distributed to officers or employees of the state except to pay reasonable compensation for services rendered; declaring state road bonds lawful investments; allowing for the refund of bonds; allowing for continuity of debt service in termination or dissolution; authorizing the Treasurer to select financial advisor; authorizing the Governor to select bond counsel and underwriter; allowing for payment of necessary expenses for issuance from funds; dedicating tax and fee collections for debt service; and setting a schedule for certain deposits into the Roads to Prosperity Bond Debt Service Fund.

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, Beach, Blair, Boley, Clements, Cline, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Prezioso, Romano, Rucker, Sypolt, Takubo, Trump, Weld, Woelfel and Carmichael (Mr. President)?26.

The nays were: None.

Absent: Baldwin, Boso, Drennan, Plymale, Smith, Stollings, Swope and Unger?8.

The bill was read a second time and ordered to engrossment and third reading.

Engrossed Senate Bill 3001 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, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld, Woelfel and Carmichael (Mr. President)?32.

The nays were: None.

Absent: Plymale and Unger?2.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 3001) 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, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld, Woelfel and Carmichael (Mr. President)?32.

The nays were: None.

Absent: Plymale and Unger?2.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 3001) takes effect from passage.

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

On motion of Senator Ferns, the Senate recessed until 5 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 passage, to take effect from passage, of

Eng. Senate Bill 3001, Authorizing sale of bonds pursuant to Roads to Prosperity Amendment of 2017.

??????????? The Senate proceeded to the fourth order of business.

??????????? Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

??????????? Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 4th day of December, 2017, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

??????????? (S. B. 3001), Authorizing sale of bonds pursuant to Roads to Prosperity Amendment of 2017.

??????????????????????????????????????????????????????????????????????? Respectfully submitted,

??????????????????????????????????????????????????????????????????????? ??Mark R. Maynard,

??????????????????????????????????????????????????????????????????????? ??? Chair, Senate Committee.

??????????????????????????????????????????????????????????????????????? ? Roger Hanshaw,

??????????????????????????????????????????????????????????????????????? ??? Chair, House Committee.

??????????? Without objection, the Senate returned to the third order of business.

Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on December 4, 2017, he had approved Enr. Senate Bill 3001.

??????????? The Senate again proceeded to the sixth order of business.

Senators Carmichael (Mr. President) and Prezioso (By Request of the Executive) offered the following resolution:

Senate Concurrent Resolution 301?Providing for the issuance of not to exceed $800 million of bonds pursuant to the Roads to Prosperity Amendment of 2017 and article twenty-six-a, chapter seventeen of the Code of West Virginia.

Resolved by the Legislature of West Virginia:

That state road bonds in the principal amount not to exceed $800 million are authorized to be sold by the Governor during the fiscal year ending June 30, 2018. The bonds shall be issued in registered form and may be issued by the Governor in such amounts and in one or more series, in such denominations, at such times during that fiscal year and bearing the date or dates as the Governor may determine; and, be it

Further Resolved, That all bonds shall be payable at the Office of the Treasurer of the State of West Virginia or at a paying agent designated by the Treasurer. The bonds shall mature on dates and at times as the Governor shall determine. The bonds shall bear interest at rates not exceeding seven percent per annum, payable semiannually. The Treasurer of the State of West Virginia shall issue his or her check for the interest and principal then due on the same dates each year and mail it to the registered owner at the addresses shown by the record of registration or shall provide the requisite funds by electronic means acceptable to the public municipal finance industry. The bonds may be redeemable on a date or dates prior to maturity as determined by the Governor; and, be it

Further Resolved, That the bonds shall be signed on behalf of the State of West Virginia as provided under section two, article twenty-six-a, chapter seventeen of the Code of West Virginia; and, be it

Further Resolved, That the Governor shall sell the bonds herein mentioned at a time or times during the fiscal year as he may determine necessary to provide funds for matching available federal funds for highway and bridge construction and for general highway and secondary roads and bridge construction or improvements in this state, as herein provided, upon recommendation of the Commissioner of Highways; and, be it

Further Resolved, That the proceeds of all sales of bonds herein authorized shall be paid into the State Road Fund created by section one, article three, chapter seventeen of the Code of West Virginia, 1931, as amended, and used for the purposes set forth in article twenty-six-a of said chapter and in the Roads to Prosperity Amendment of 2017; and, be it

Further Resolved, That this resolution constitutes affirmative official intent of the State of West Virginia toward the issuance of the bonds as contemplated herein in accordance with the purposes of the laws of the State of West Virginia and the United States Internal Revenue Code and the regulations issued thereunder. The State of West Virginia reasonably expects, as of the date thereof, to timely reimburse the State Road Fund for certain costs of the highway and bridge projects described above paid from the State Road Fund prior to the issuance of the bonds with the proceeds of the bonds.

At the request of Senator Ferns, 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.

On motion of Senator Ferns, the Senate recessed until 5:45 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 adoption of

Senate Concurrent Resolution 301, Providing for issuance of bonds under Roads to Prosperity Amendment of 2017.

??????????? At the request of Senator Ferns, and by unanimous consent, the Senate returned to the sixth order of business.

Senator Ferns offered the following pre-adjournment resolution:

Senate Resolution 303?Raising a committee to notify the House of Delegates 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 the House of Delegates 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.

Senator Carmichael (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:

Senators Drennan, Rucker and Beach.

Subsequently, Senator Drennan reported that the duties assigned by Senate Resolution 303 had been performed.

Thereafter, a three-member delegation from the House of Delegates, namely

Delegates Dean, Summers and Lynch, announced that that body also had completed its labors and was ready to adjourn sine die.

Senator Ferns then offered the following resolution:

??????????? Senate Resolution 304?Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.

Resolved by the Senate:

That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature 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 Gaunch, Clements and Romano.

Delegates Capito, Westfall and Hartman, then announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.

Senators Gaunch, Clements and Romano, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.

Subsequently, Senator Gaunch, from the joint 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 Gaunch then reported this mission accomplished.

On motion of Senator Ferns, a leave of absence for the day was granted Senator Plymale.

On motion of Senator Ferns, the third extraordinary session of the Senate in the year two thousand seventeen adjourned sine die.

____________

 

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