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House Journal


Day 1 (12-04-2017) - [PDF]

West Virginia Legislature

 

Journal

 

 of the

 

 House of Delegates

 

Eighty-Third Legislature

 

Third Extraordinary Session

 

 

____________________________________________________________

Charleston, Monday, December 4, 2017

 

 

 [MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

 

 

            Pursuant to the Proclamation of His Excellency, the Governor, issued the first day of December, 2017, and hereinafter set forth, convening the Legislature in Extraordinary Session on the 4th day of December, 2017, the House of Delegates assembled in its Chamber in the Capitol Building in the City of Charleston at 1:00 p.m., and was called to order by the Speaker, the Honorable Tim Armstead.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

Messages from the Executive

            A communication was laid before the House of Delegates, which was read by the Clerk, as follows:

State of West Virginia

Office of the Governor

October 30, 2017

The Honorable Mac Warner

Secretary of State

State Capitol

Charleston, WV 25305

Dear Secretary Warner:

            Pursuant to W. Va. Code §3-10-5, I have this day appointed Jeffrey Campbell, 144 Old Oak Lane, Lewisburg, Greenbrier County, West Virginia 24901, as a Delegate representing the Forty-Second District of the House of Delegates, to fill the vacancy created by the resignation of the Honorable Stephen Baldwin.

                                                                                                Sincerely,

                                                                                                Jim Justice,

                                                                                                   Governor.

            The Clerk announced that Delegate Campbell had taken the oath of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia on November 9, 2017.

            Delegate Cowles arose to suggest the absence of a quorum, the Clerk opened the machine for the roll to be taken (Roll No. 705), and 89 members being present, the Speaker declared the presence of a quorum.   The absent being as follows:

            Absent:  Boggs, Canestraro, Caputo, Hill, Hornbuckle, Iaquinta, R. Miller, Moore, Phillips, Robinson and Upson.

            A proclamation of His Excellency, the Governor, convening the Legislature in extraordinary session, was then read by the Clerk, as follows:

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

            On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation by which it had been called together.

            Whereupon,

            The Speaker appointed as members of such committee:

            Delegates Dean, Summers and Lynch.

            On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three, to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation.

            Whereupon,

            The Speaker appointed as members of such committee:

            Delegates Capito, Westfall and Hartman.

Message from the Senate

            A message from the Senate, by

            Senators Boso, Smith and Baldwin, announced that the Senate had assembled with a quorum present, and was ready to proceed with the business of this session.

At 1:59 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 2:15 p.m.

* * * * * * * *

Afternoon Session

* * * * * * * *

            The House of Delegates was called to order by the Honorable Tim Armstead, Speaker.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 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 respective requests of Delegate Cowles, and by unanimous consent, reference of the bill (S. B. 3001) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            Delegate Cowles moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

            On this question, the yeas and nays were taken (Roll No. 706), and there were--yeas 83, nays 1, absent and not voting 16, with the nays and absent and not voting being as follows:

            Nays: Gearheart.

            Absent and Not Voting: Arvon, Boggs, Canestraro, Caputo, Eldridge, Fleischauer, Hicks, Hill, Hornbuckle, Iaquinta, R. Miller, Moore, Phillips, Robinson, Rodighiero and Upson.

            So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

            The bill was then read a second time.

            Delegates Brewer, Storch, Eldridge, Lovejoy, Lynch, Diserio and Bates moved to amend the bill on page eight, following section 14, by inserting a new section 15, to read as follows:

§17-26A-15.  Road construction contracts to follow wage and benefit rates for federal highway contracts.

            The Governor shall assure that all construction contracts issued using bond proceeds for general highway and secondary roads and bridge construction or improvements shall require the same wage and fringe benefit rates as required for projects utilizing federal matching funds for highway and bridge construction projects for that local area, as established for each classification of laborers and mechanics by the Administrator of the Wage and Hour Division of the U.S. Department of Labor.”

            Delegate Cowles arose to a point of order as to the germaneness of the amendment.

            To the point of order, the Speaker replied that the bill does not deal with specific issues addressed in the amendment and, therefore, ruled that the amendment was not germane.

            Delegates Fleischauer, Rowe, Ward and Frich moved to amend the bill on page seven, section eleven, line three, following the period, by inserting the following:

            “The selection of financial advisor shall be competitively bid by the Treasurer through a request for proposals process, unless there is already a contract competitively bid by the Purchasing Division of the Department of Administration that the Treasurer elects to use. Notwithstanding article one, chapter twenty-nine-b provisions to the contrary, copies of all bid documents, including bidding criteria, shall be available for public inspection immediately after the opening of the proposals.”

            And,

            On page seven, section twelve, line eight, following the period, by inserting the following:

            “The selection of bond counsel and underwriter shall be competitively bid by the Governor through a request for proposals process.  Copies of all bid documents, including bidding criteria, shall be available for public inspection immediately after the opening of the proposals.”

            On the adoption of the amendment, Delegate Fleischauer demanded the yeas and nays, which demand was sustained.

            Delegate Hanshaw requested to be excused from voting on the amendment and passage of S. B. 3001 under the provisions of House Rule 49.

The Speaker replied that any impact on the Delegate would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Member from voting.

            The yeas and nays having been ordered, they were taken (Roll No. 707), and there were--yeas 41, nays 47, absent and not voting 12, with the yeas and absent and not voting being as follows:

            Yeas: Barrett, Bates, Brewer, Butler, Byrd, Campbell, Diserio, E. Evans, Fast, Ferro, Fleischauer, Fluharty, Folk, Frich, Gearheart, Hartman, Hicks, Isner, Kessinger, Lane, Longstreth, Love, Lovejoy, Lynch, Marcum, Martin, McGeehan, Miley, Moye, Paynter, Pethtel, Pushkin, Pyles, Rodighiero, Rohrbach, Rowe, Sponaugle, Thompson, Ward, Williams and Wilson.

            Absent and Not Voting: Boggs, Canestraro, Caputo, Eldridge, Hill, Hornbuckle, Iaquinta, R. Miller, Moore, Phillips, Robinson and Upson.

            So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.

            The bill was then ordered to third reading.

            The bill was then read a third time, and put upon its passage.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 708), and there were--yeas 82, nays 6, absent and not voting 12, with the nays and absent and not voting being as follows:

            Nays: Butler, Folk, Gearheart, Kessinger, McGeehan and Wilson.

            Absent and Not Voting: Boggs, Canestraro, Caputo, Eldridge, Hill, Hornbuckle, Iaquinta, R. Miller, Moore, Phillips, Robinson and Upson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 3001) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 709), and there were--yeas 84, nays 4, absent and not voting 12, with the nays and absent and not voting being as follows:

            Nays: Butler, Folk, McGeehan and Wilson.

            Absent and Not Voting: Boggs, Canestraro, Caputo, Eldridge, Hill, Hornbuckle, Iaquinta, R. Miller, Moore, Phillips, Robinson and Upson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3001) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            At 3:20 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:30 p.m.

* * * * * * * *

Evening Session

* * * * * * * *

            The House of Delegates was called to order by the Honorable Tim Armstead, Speaker.

            At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

            Delegate Hanshaw, Chair of 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.

Messages from the Executive

            A communication was received from His Excellency, the Governor, advising that on December 4, 2017, he approved S. B. 3001.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title as follows:

            S. C. R. 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.”

            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 respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (S. C. R. 301) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Boggs, Canestraro, Caputo, Hill, Hornbuckle, Iaquinta, R. Miller, Moore, Phillips, Robinson and Upson.

            On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had completed the business of this Third Extraordinary Session of the 83rd Legislature and was ready to adjourn sine die.

            Whereupon,

            The Speaker appointed as members of said committee the following:

            Delegates Dean, Summers and Lynch.

            On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency, the Governor, that the Legislature was ready to adjourn sine die.

            The Speaker appointed as members of such committee the following:

            Delegates Capito, Westfall and Hartman.

            There being no further business to come before the House, at 5:43 p.m., on motion of Delegate Cowles, the House of Delegates adjourned sine die.

___________*__________

            We hereby certify that the forgoing record of the proceedings of the House of Delegates, Third Extraordinary Session, 2017, is the Official Journal of the House of Delegates for said session.

 

_____________________________

Tim Armstead

Speaker of the House of Delegates                           ____________________

                                                                                    Stephen J. Harrison

                                                                                    Clerk of the House of Delegates

 

 

 

 

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