Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2016

THIRD DAY

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Charleston, West Virginia, Tuesday, September 20, 2016

The Senate met at 11 a.m.

(Senator Cole, Mr. President, in the Chair.)

Prayer was offered by the Honorable Gregory L. Boso, a senator from the eleventh district.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Mike Hall, a senator from the fourth district.

Pending the reading of the Journal of Monday, May 19, 2016,

At the request of Senator Beach, 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 Senate then proceeded to the fourth order of business.

Senator Boley, from the Committee on Confirmations, submitted the following report, which was received:

Your Committee on Confirmations has had under consideration

            Senate Executive Message 1, dated September 16, 2016, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message 1 is submitted:

1. For Member, Ohio River Valley Water Sanitation Commission, Ronald R. Potesta, Charleston, Kanawha County, for the term ending June 30, 2022.

2. For Member, West Virginia Board of Dentistry, Beverly L. Stevens, Charleston, Kanawha County, for the term ending June 30, 2021.

3. For Member, West Virginia Board of Dentistry, Samuel V. Veltri, Clarksburg, Harrison County, for the term ending June 30, 2021.

4. For Member, West Virginia Board of Dentistry, John E. Bogers, Huntington, Cabell County, for the term ending June 30, 2021.

5. For Member, Fire Commission, Phil Hart, Belington, Barbour County, for the term ending June 30, 2021.

6. For Member, Fire Commission, Thomas Keefer, Winfield, Putnam County, for the term ending June 30, 2021.

7. For Member, State Personnel Board, Roscoe A. Taylor, Ripley, Jackson County, for the term ending June 30, 2018.

8. For Member, Board of the College Prepaid Tuition and Savings Program Board of Trustees, Robert Galloway, Charleston, Kanawha County, for the term ending June 30, 2021.

9. For Member, West Virginia Board of Chiropractic, Holly Harvey, Union, Monroe County, for the term ending June 30, 2019.

10. For Member, West Virginia Board of Chiropractic, Geoff Mohn, Barboursville, Cabell County, for the term ending June 30, 2019.

11. For Member, Workforce Development Board, Ray Burke, Jr., Hurricane, Putnam County, for the term ending June 30, 2019.

12. For Member, Workforce Development Board, Roy M. Smith, Beckley, Raleigh County, for the term ending June 30, 2019.

13. For Member, Workforce Development Board, Will Turani, Wheeling, Ohio County, for the term ending June 30, 2019.

14. For Member, Workforce Development Board, Guy Schiller, Danbury, Connecticut, for the term ending June 30, 2019.

15. For Member, Workforce Development Board, John Moses, Wheeling, Ohio County, for the term ending June 30, 2019.

16. For Member, Workforce Development Board, Megan Harris, Belle, Kanawha County, for the term ending June 30, 2019.

17. For Member, Workforce Development Board, Paul Geoffrey Sawyers, Huntington, Cabell County, for the term ending June 30, 2019.

18. For Member, Workforce Development Board, Stephanie Smith, Charleston, Kanawha County, for the term ending June 30, 2019.

19. For Member, Workforce Development Board, Roy Hamilton, Hurricane, Putnam County, for the term ending June 30, 2019.

20. For Member, Workforce Development Board, Eunice Bellinger, Charleston, Kanawha County, for the term ending June 30, 2018.

21. For Member, Water Development Board, Mike Duplaga, Jr., Wheeling, Ohio County, for the term ending June 30, 2022.

22. For Member, Board of Pharmacy, Samuel Kapourales, Williamson, Mingo County, for the term ending June 30, 2021.

23. For Member, Board of Control for Southern Regional Education, Paul Hill, Charleston, Kanawha County, for the term ending June 30, 2020.

24. For Member, Board of Optometry, William Ratcliff, Huntington, Cabell County, for the term ending June 30, 2019.

25. For Member, Board of Optometry, Mason E. White II, Logan, Logan County, for the term ending June 30, 2018.

26. For Member, Board of Optometry, Steven Odekirk, Charleston, Kanawha County, for the term ending June 30, 2017.

27. For Member, Board of Optometry, Raymond Keener, Charleston, Kanawha County, for the term ending June 30, 2019.

28. For Member, Board of Optometry, Thomas E. Griffith, St. Albans, Kanawha County, for the term ending June 30, 2018.

29. For Member, Board of Optometry, Robert N. Christen II, Sistersville, Tyler County, for the term ending June 30, 2017.

30. For Member, Board of Optometry, John S. LaRose II, Summersville, Nicholas County, for the term ending June 30, 2018.

31. For Member, Statewide Independent Living Council, Beth Morrison, Charleston, Kanawha County, for the term ending June 30, 2019.

32. For Member, Statewide Independent Living Council, Nathan Parker, Huntington, Cabell County, for the term ending June 30, 2019.

33. For Member, Statewide Independent Living Council, John Taylor, Nitro, Kanawha County, for the term ending June 30, 2019.

34. For Member, Statewide Independent Living Council, Carissa Davis, St. Albans, Kanawha County, for the term ending June 30, 2019.

35. For Member, Statewide Independent Living Council, Richard Ward, Charleston, Kanawha County, for the term ending June 30, 2019.

36. For Member, Statewide Independent Living Council, Joyce Floyd, Elkins, Randolph County, for the term ending June 30, 2019.

37. For Member, Statewide Independent Living Council, Ashton Nesmith-Kochera, Martinsburg, Berkeley County, for the term ending June 30, 2019.

38. For Member, Statewide Independent Living Council, Marissa Sanders, Charleston, Kanawha County, for the term ending June 30, 2019.

39. For Member, Statewide Independent Living Council, Bob Gray, Charleston, Kanawha County, for the term ending June 30, 2018.

40. For Member, Economic Development Authority, Patrick J. Farrell, Huntington, Cabell County, for the term ending June 30, 2020.

41. For Member, West Virginia Board of Licensed Dietitians, Margaret M. Andrews, Charleston, Kanawha County, for the term ending June 30, 2020.

42. For Member, West Virginia Board of Licensed Dietitians, Mary K. Gould, Huntington, Cabell County, for the term ending June 30, 2020.

43. For Member, West Virginia Board of Licensed Dietitians, Joan Starliper, Martinsburg, Berkeley County, for the term ending June 30, 2020.

44. For Member, Concord University Board of Governors, Richard Jarrell, Beckley, Raleigh County, for the term ending June 30, 2020.

45. For Member, Concord University Board of Governors, Brittany Anderson, Athens, Mercer County, for the term ending June 30, 2020.

46. For Member, Concord University Board of Governors, Greg Allen, Scottsdale, Arizona, for the term ending June 30, 2020.

47. For Member, Women’s Commission, Kameron Miller, Charleston, Kanawha County, for the term ending June 30, 2019.

48. For Member, Women’s Commission, Jean Ford, Williamstown, Wood County, for the term ending June 30, 2019.

49. For Member, Women’s Commission, Kenyatta Grant, Elkview, Kanawha County, for the term ending June 30, 2019.

50. For Member, Women’s Commission, Alicia Besenyei, Daniels, Raleigh County, for the term ending June 30, 2019.

51. For Member, Women’s Commission, Robert Harrison, Charleston, Kanawha County, for the term ending June 30, 2018.

52. For Member, Glenville State College Board of Governors, Ralph Holder, Belpre, Ohio, for the term ending June 30, 2020.

53. For Member, Marshall University Board of Governors, James R. Bailes, Huntington, Cabell County, for the term ending June 30, 2020.

54. For Member, Marshall University Board of Governors, Timothy J. Dagostine, Charleston, Kanawha County, for the term ending June 30, 2020.

55. For Member, Marshall University Board of Governors, Christie Kinsey, Lavalette, Wayne County, for the term ending June 30, 2020.

56. For Member, Marshall University Board of Governors, Gary G. White, Logan, Logan County, for the term ending June 30, 2020.

57. For Member, Board of Registration for Professional Engineers, Bhajan S. Saluja, Charleston, Kanawha County, for the term ending June 30, 2021.

58. For Chief Hearing Examiner, Office of Administrative Hearings, Teresa Dawn Maynard, Lenore, Mingo County, for the term ending June 30, 2022.

59. For Member, BridgeValley Community and Technical College Board of Governors, Don Stewart, Leon, Mason County, for the term ending June 30, 2020.

60. For Member, BridgeValley Community and Technical College Board of Governors, Thomas W. Dover, Charleston, Kanawha County, for the term ending June 30, 2020.

61. For Member, BridgeValley Community and Technical College Board of Governors, Jane Harkins, Beckley, Raleigh County, for the term ending June 30, 2020.

62. For Member, BridgeValley Community and Technical College Board of Governors, Gregory M. Barker, Leon, Mason County, for the term ending June 30, 2020.

63. For Member, BridgeValley Community and Technical College Board of Governors, Sally Cline, South Charleston, Kanawha County, for the term ending June 30, 2020.

64. For Member, Natural Resources Commission, David M. Milne, Bruceton Mills, Preston County, for the term ending June 30, 2023.

65. For Member, Eastern West Virginia Community and Technical College Board of Governors, Junior Helmick, Parsons, Tucker County, for the term ending June 30, 2020.

66. For Member, Eastern West Virginia Community and Technical College Board of Governors, Greg Greenwalt, Moorefield, Hardy County, for the term ending June 30, 2020.

67. For Member, Children’s Health Insurance Plan Board, Kellie Wooten-Willis, Logan, Logan County, for the term ending June 30, 2019.

68. For Member, Children’s Health Insurance Plan Board, Larry Hudson, Cross Lanes, Kanawha County, for the term ending June 30, 2017.

69. For Member, Children’s Health Insurance Plan Board, Margie Hale, Charleston, Kanawha County, for the term ending June 30, 2019.

70. For Member, Children’s Health Insurance Plan Board, Joshua Austin, Charleston, Kanawha County, for the term ending June 30, 2019.

71. For Member, Children’s Health Insurance Plan Board, Janet Allio, Elkview, Kanawha County, for the term ending June 30, 2018.

72. For Member, Fairmont State University Board of Governors, Christopher Courtney, Bridgeport, Harrison County, for the term ending June 30, 2020.

73. For Member, Fairmont State University Board of Governors, Frank Washenitz, Fairmont, Marion County, for the term ending June 30, 2019.

74. For Member, Fairmont State University Board of Governors, John Myers, Morgantown, Monongalia County, for the term ending June 30, 2019.

75. For Member, Fairmont State University Board of Governors, Debbie Prezioso, Fairmont, Marion County, for the term ending June 30, 2020.

76. For Member, Fairmont State University Board of Governors, William T. Holmes, Fairmont, Marion County, for the term ending June 30, 2020.

77. For Member, Shepherd University Board of Governors, Tia McMillan, Martinsburg, Berkeley County, for the term ending June 30, 2020.

78. For Member, Shepherd University Board of Governors, Gat Caperton, Berkeley Springs, Morgan County, for the term ending June 30, 2019.

79. For Member, Shepherd University Board of Governors, Ramon A. Alvarez, Charles Town, Jefferson County, for the term ending June 30, 2020.

80. For Member, West Virginia State University Board of Governors, Mark W. Kelley, Charleston, Kanawha County, for the term ending June 30, 2017.

81. For Member, Racing Commission, Bill Phillips, Jr., Elkins, Randolph County, for the term ending April 1, 2020.

82. For Member, Racing Commission, Greg McDermott, Wheeling, Ohio County, for the term ending April 1, 2020.

83. For Member, Racing Commission, Jack Rossi, Charleston, Kanawha County, for the term ending April 1, 2020.

84. For Chief Administrative Law Judge, Office of Tax Appeals, Heather G. Harlan, South Charleston, Kanawha County, for the term end June 30, 2020.

85. For Member, Miners’ Health, Safety and Training Board of Appeals, Theodore Hapney, Reedy, Roane County, for the term ending June 30, 2021.

86. For Member, West Liberty University Board of Governors, Jack C. Adams, McMurray, Pennsylvania, for the term ending June 30, 2020.

87. For Member, West Liberty University Board of Governors, Leslie DeFelice, Dillonvale, Ohio, for the term ending June 30, 2020.

88. For Member, West Liberty University Board of Governors, Christine N. Carder, Wheeling, Ohio County, for the term ending June 30, 2020.

89. For Member, West Liberty University Board of Governors, Lucinda L. Fluharty, Wheeling, Ohio County, for the term ending June 30, 2020.

90. For Member, West Liberty University Board of Governors, Richard A. Lucas, Wheeling, Ohio County, for the term ending June 30, 2018.

91. For Member, West Liberty University Board of Governors, Kristina Williams, Gibsonia, Pennsylvania, for the term ending June 30, 2017.

92. For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Howard W. Lafferty, Charleston, Kanawha County, for the term ending June 30, 2018.

93. For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Tonya Painter, Fairlea, Greenbrier County, for the term ending June 30, 2018.

94. For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Rosemary Veltri Trupo, Bridgeport, Harrison County, for the term ending June 30, 2019.

95. For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Kimberly Hoffman, St. Albans, Kanawha County, for the term ending June 30, 2019.

96. For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, Sheryl L. Snead, Princeton, Mercer County, for the term ending June 30, 2017.

97. For Member, West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners, P. David Ratcliff, Jr., Bluefield, Mercer County, for the term ending June 30, 2019.

98. For Member, New River Community and Technical College Board of Governors, Tom Lemke, Daniels, Raleigh County, for the term ending June 30, 2020.

99. For Member, New River Community and Technical College Board of Governors, Shirley Runyon, Lewisburg, Greenbrier County, for the term ending June 30, 2020.

100. For Member, New River Community and Technical College Board of Governors, The Honorable Linda Sumner, Beckley, Raleigh County, for the term ending June 30, 2020.

101. For Member, West Virginia Board of Medicine, Harry E. Duncan, Charleston, Kanawha County, for the term ending September 30, 2020.

102. For Member, West Virginia Board of Medicine, David A. Mullins, Princeton, Mercer County, for the term ending September 30, 2020.

103. For Member, Human Rights Commission, Wesley Dobbs, Carolina, Marion County, for the term ending June 30, 2019.

104. For Member, Human Rights Commission, Karl Gattlieb, Charleston, Kanawha County, for the term ending June 30, 2019.

105. For Member, Human Rights Commission, Randall G. Morgan, Charleston, Kanawha County, for the term ending June 30, 2018.

106. For Member, Human Rights Commission, The Honorable Marie E. Redd, Huntington, Cabell County, for the term ending June 30, 2019.

107. For Member, West Virginia University Board of Governors, J. Thomas Jones, Morgantown, Monongalia County, for the term ending June 30, 2020.

108. For Member, West Virginia University Board of Governors, James Robert Rogers, Ponte Vedra Beach, Florida, for the term ending June 30, 2020.

109. For Member, West Virginia University Board of Governors, Taunja Willis-Miller, Morgantown, Monongalia County, for the term ending June 30, 2020.

110. For Member, West Virginia University Board of Governors, Marty Becker, Charleston, Kanawha County, for the term ending June 30, 2019.

111. For Member, Public Employees Insurance Agency Finance Board, Joshua Sword, South Charleston, Kanawha County, for the term ending June 30, 2020.

112. For Member, Public Employees Insurance Agency Finance Board, Bill Ihlenfeld, Wheeling, Ohio County, for the term ending June 30, 2020.

113. For Member, Public Employees Insurance Agency Finance Board, William Milam, Charleston, Kanawha County, for the term ending June 30, 2020.

114. For Member, Southern West Virginia Community and Technical College Board of Governors, Kevin Hill, Foster, Boone County, for the term ending June 30, 2019.

And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.

                                                                  Respectfully submitted,

  Donna J. Boley,

    Chair.

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The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, the special order thereon was called by the President.

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

Senate Executive Message 1, dated September 16, 2016 (shown in the Senate Journal of Sunday, September 18, 2016, pages 5 to 15, inclusive).

Senator Boley then moved that the Senate advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations.

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

The roll was then taken; and

On this question, the yeas were: Ashley, Beach, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Palumbo, Plymale, Romano, Snyder, Stollings, Sypolt, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)—30.

The nays were: None.

Absent: Mullins, Prezioso, Takubo and Trump—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.

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Consideration of executive nominations having been concluded,

The Senate proceeded to the sixth order of business.

Senator Carmichael offered the following pre-adjournment resolution:

            Senate Resolution 203—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 Carmichael, 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 Cole (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:

Senators Walters, Ashley and Laird.

Senators Walters, Ashley and Laird, 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 Walters, from the select committee to notify His Excellency, the Governor, that the Senate 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 Walters then reported this mission accomplished.

Petitions

Senator Woelfel presented a petition from Pat Ramey and numerous West Virginia residents, requesting the Legislature to put prayer back in public schools.

Referred to the Committee on Education.

The Senate proceeded to the twelfth order of business.

Remarks were made by Senator Miller.

At the request of Senator Maynard, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this second extraordinary session of the eighty-second Legislature in the year two thousand sixteen, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.

In accordance with the foregoing unanimous consent agreement, the following report of the Joint Committee on Enrolled Bills was filed as follows:

            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 20th day of September, 2016, 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:

            (Enr. H. B. 201), Supplemental appropriation expiring funds from the aforesaid accounts to the unappropriated surplus balance of the State Fund, General Revenue.

                                                                        Respectfully submitted,

                                                                         Mark R. Maynard,

                                                                            Chair, Senate Committee.

                                                                         John B. McCuskey,

                                                                            Chair, House Committee.

Executive Communications

Under authorization of Senate approval therefor in prior proceedings today, to include in this day’s Journal communications showing the Governor’s action on enrolled bills presented to him in post-session reports, the following is inserted hereinafter:

The Clerk then presented a communication from His Excellency, the Governor, advising that on September 20, 2016, he had approved Enr. House Bill 201.

On motion of Senator Carmichael, the second extraordinary session of the Senate in the year two thousand sixteen adjourned sine die.

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