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