WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
EXTENDED SESSION, 2014
SIXTY-FOURTH DAY
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Charleston, W. Va., Wednesday, March 12, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Honorable Ronald F. Miller, a senator from the tenth district, and Pastor, Shuck Memorial Baptist Church, Lewisburg, West Virginia, and West Point Baptist Church, Asbury, West Virginia.
Pending the reading of the Journal of Tuesday, March 11, 2014,
On motion of Senator Cann, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the third order of business.
Executive Communications
The following communication from His Excellency, the Governor, was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 11, 2014
Senate Executive Message No. 6
The Honorable Jeffrey V. Kessler
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Kessler:
The following amends and replaces the “FY 2015 Official Estimate General Revenue – Statement of Revenues by Source” which I submitted to you on January 8, 2014, as part of my Budget Document for the fiscal year ending June 30, 2015:
General Revenue Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2015
Official
Source of Revenue Estimate Revised
Business and Occupation Tax $ 107,000
Consumers Sales and Use Tax 1,253,5001
Personal Income Tax 1,809,600
Liquor Profit Transfers 16,000
Racing Fees0
Beer Tax and Licenses8,350
Tobacco Products Tax (Cigarette & Other) 105,000
Estate Tax0
Business Franchise Fees650
Charter Tax0
Property Transfer Tax12,500
Property Tax6,700
Insurance Tax117,600
Departmental Collections17,600
Corporate Income/Business Franchise Tax 201,5002
Miscellaneous Transfers1,000
Interest Income1,500
Severance Tax474,600
Telecommunication Tax0
Miscellaneous Receipts17,800
HB102 - Lottery Transfers92,600
Video Lottery Transfers0
Liquor License Renewal451
Senior Citizen Tax Credit Reimbursement 10,000
Total$4,253,9513
1 Revised from $1,266,500 to $1,253,500 – decrease of $13,000 due to failure of HB4155/SB334 during the 2014 Regular Legislative Session.
2 Revised from $205,800 to $201,500 – decrease of $4,300 due to failure of HB4157/SB329 during the 2014 Regular Legislative Session.
3 Revised from $4,271,251 to $4,253,951 – decrease of $17,300.
The following amends and replaces the “Excess Lottery Fund – Statement of Revenues, Expenditures, and Changes in Cash Balance” which I submitted to you on January 8, 2014, as part of my Budget Document for the fiscal year ending June 30, 2015:
Excess Lottery Fund
Statement of Revenues, Expenditures and Changes in Cash Balance
(Nearest Dollar)
Balance @ July 1, 2012$126,802,497
Less Reserve for Cash Flow/Contingencies (5,300,000)
Less Catastrophic Event Contingency (30,000,000)
Plus FY 2013 Actual Revenue 295,588,465
Available for FY 2013 Appropriations $387,090,962
Less FY 2013 Appropriations (net of vetos) (290,564,890)
Plus Cash not needed for FY 2013 Appropriations 17,899
Unappropriated Balance @ June 30, 2013 $ 96,543,971
Plus FY 2014 Revenue Estimate$256,522,000
Less FY 2014 Regular Appropriations (256,522,000)
Less FY 2014 Appropriations from available surplus (29,111,465)
Plus Cash not needed for FY 2014 Appropriations 20,217
Less FY 2014 Supplemental Appropriation
2014 Regular Session)
SB341 DHHR - Medicaid - Basebuilding funding (67,432,506)
Estimated Unappropriated Balance @ June 30, 2014 $ 20,217
Plus FY 2015 Revenue Estimate 1 $241,651,000
Less FY 2015 Regular Appropriations
(2014 Regular Session) (241,651,000)
Estimated Unappropriated Balance @ June 30, 2015 $ 20,217
1 FY 2015 revenue estimate revised from $260,776,000 to $241,651,000 – decrease of $19,125,000 due to failure of HB4333 during the 2014 Regular Legislative Session.
Thank you for your cooperation in this matter.
Sincerely,
Earl Ray Tomblin,
Governor.
In compliance with Article VI, Section 51 of the Constitution, the Senate consented to receive the foregoing amendments to the Budget Bill, which were referred to the Committee on Finance.
Senator Unger then moved that the Senate recess until 6 p.m. today.
The question being on the adoption of Senator Unger’s motion, and on this question, Senator Unger demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons, D. Hall, M. Hall, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.
The nays were: None.
Absent: Chafin, Green and Jenkins--3.
So, a majority of those present and voting having voted in the affirmative, the President declared Senator Unger’s motion had prevailed.
In accordance with the foregoing motion, the Senate recessed until 6 p.m. today.
Upon expiration of the recess, the Senate reconvened and resumed business under the third order.
Executive Communications
Senator Kessler (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, extending this current legislative session until and including the fourteenth day of March, two thousand fourteen, which was received and 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
WHEREAS, Pursuant to Subsection D, Article VI, Section 51 of the Constitution of West Virginia, a proclamation was issued on the fifth day of March, two thousand fourteen, extending the two thousand fourteen regular session of the Legislature for consideration of the Budget Bill through the twelfth day of March, two thousand fourteen; and
WHEREAS, It is necessary to further extend the two thousand fourteen regular session of the Legislature for passage of the Budget Bill.
NOW, THEREFORE, I, EARL RAY TOMBLIN, GOVERNOR of the State of West Virginia, do hereby issue this Proclamation, in accordance with Subsection D, Article VI, Section 51 of the Constitution of West Virginia, to extend the two thousand fourteen regular session of the Legislature for consideration of the Budget Bill for an additional period of two days, through and including the fourteenth day of March, two thousand fourteen; but no matters other than the Budget Bill shall be considered during this extension of the session, except providing for the cost thereof.
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, on this the twelfth day of March, in the year of our Lord, Two Thousand Fourteen, and in the One Hundred Fifty-First year of the State.
EARL RAY TOMBLIN,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
Senator Unger then moved that the Senate adjourn until tomorrow, Thursday, March 13, 2014, at 1 p.m.
The question being on the adoption of Senator Unger’s motion, and on this question, Senator Unger demanded the yeas and nays.
The roll being taken, the yeas were: Beach, Blair, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Kirkendoll, McCabe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams and Kessler (Mr. President)--26.
The nays were: None.
Absent: Barnes, Boley, Cann, Jenkins, Laird, Miller, Nohe and Yost--8.
So, a majority of those present and voting having voted in the affirmative, the President declared Senator Unger’s motion had prevailed.
In accordance with the foregoing motion, the Senate adjourned until tomorrow, Thursday, March 13, 2014, at 1 p.m.
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