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Senate Journal


Day 01 (05-04-2017) - [PDF]
Day 02 (05-05-2017) - [PDF]
Day 12 (05-15-2017) - [PDF]
Day 13 (05-16-2017) - [PDF]
Day 14 (05-17-2017) - [PDF]
Day 15 (05-18-2017) - [PDF]
Day 16 (05-19-2017) - [PDF]
Day 19 (05-22-2017) - [PDF]
Day 20 (05-23-2017) - [PDF]
Day 21 (05-24-2017) - [PDF]
Day 33 (06-05-2017) - [PDF]
Day 34 (06-06-2017) - [PDF]
Day 35 (06-07-2017) - [PDF]
Day 36 (06-08-2017) - [PDF]
Day 37 (06-09-2017) - [PDF]
Day 40 (06-12-2017) - [PDF]
Day 41 (06-13-2017) - [PDF]
Day 42 (06-14-2017) - [PDF]
Day 43 (06-15-2017) - [PDF]
Day 44 (06-16-2017) - [PDF]
Day 54 (06-26-2017) - [PDF]

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2017

FIFTY-FOURTH DAY

____________

Charleston, West Virginia, Monday, June 26, 2017

Pursuant to the adjournment of June 16, 2017, under authority of

            House Concurrent Resolution 2, Providing for an adjournment of the Legislature until June 26, 2017.

            The Senate reassembled in extraordinary session in its chamber in the state capitol in the City of Charleston, at eleven o’clock a.m., and was called to order by its President, the Honorable Mitch Carmichael.

Prayer was offered by the Honorable C. Edward Gaunch, a senator from the eighth district.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Robert D. Beach, a senator from the thirteenth district.

Pending the reading of the Journal of Friday, June 16, 2017,

At the request of Senator Cline, 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 Gaunch, 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 19th day of June, 2017, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (S. B. 1003), Relating generally to WV Parkways Authority.

            (S. B. 1006), Increasing funding for State Road Fund.

            (S. B. 1013), Budget Bill.

            And,

            (Com. Sub. for H. B. 113), Relating to the sale of Jackie Withrow Hospital by the DHHR.

                                                                        Respectfully submitted,

                                                                          C. Edward Gaunch,

                                                                            Member, Senate Committee.

                                                                          Roger Hanshaw,

                                                                            Chair, House Committee.

            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 19th day of June, 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:

            (Com. Sub. for H. B. 117), Relating to West Virginia Health Care Authority.

                                                                        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 communications from His Excellency, the Governor, advising that on June 19, 2017, he had approved Enr. Senate Bill 1014, Enr. House Bill 111 and Enr. Committee Substitute for House Bill 117; and on June 22, 2017, he had approved Enr. Senate Bill 1003 and Enr. Senate Bill 1006.

The following communication from His Excellency, the Governor, was reported by the Clerk:

Jim Justice

Governor of West Virginia

June 23, 2017

VIA HAND DELIVERY

The Honorable Mitch Carmichael

President of the Senate

Building 1, Room 229M

State Capitol

Charleston, West Virginia 25305

            Re: Enrolled Senate Bill 1013

Dear President Carmichael:

            Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, “[a]ny bill which shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him shall be a law . . . ” There are many bills to celebrate the passage of from the 2017 Regular Session and the 2017 First Extraordinary Session. Enrolled Senate Bill 1013 (the “Budget Bill”), from a substantive perspective, however, is certainly not one of them. In fact, I can only think of one word to describe the next fiscal year’s budget bill: travesty. The Budget Bill simply has too many cuts that will hurt too many people.

            I regret the many missed opportunities along the way that ultimately resulted in the passage of next year’s Budget Bill. It did not have to be this way. The Budget Bill does not reflect a comprehensive plan for the future. All it does is kick the can further down the road with large budget deficits in the future that will need to be addressed. I hope we can work together on a spending plan that more closely aligns with our shared priorities.

            For these and other reasons, I cannot put my name on this Bill. Given the proximity to the end of the current fiscal year, however, I will reluctantly let it become law without my signature.

Sincerely,

Jim Justice

                                                                        Governor

cc:       The Honorable Tim Armstead

                Speaker of the House of Delegates

            The Honorable Mac Warner

                Secretary of State

            Senator Carmichael (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:

Jim Justice

Governor of West Virginia

June 23, 2017

VIA HAND DELIVERY

The Honorable Tim Armstead

Speaker of the House of Delegates

Building 1, Room 228M

State Capitol

Charleston, West Virginia 25305

            Re: Enrolled House Bill 113

Dear Speaker Armstead:

            Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill 113. This bill authorizes the Secretary of the Department of Health and Human Resources (DHHR) to divest ownership of the long-term care facility known as Jackie Withrow Hospital in Raleigh County. While I support the intent of this legislation, I believe that the potential transition of any of our state hospitals to private ownership needs to be part of an overall strategy and comprehensive plan that includes all of the facilities, rather than through a piecemeal approach. With the failure of the companion legislation affecting Hopemont Hospital in Preston County, I am reluctant to single out one hospital at a time.

            I have directed the Secretary of DHHR to develop a revised strategic plan over the next six months that evaluates our needs across the entire State. I will ask the Legislature to reconsider certain elements of this plan during the 2018 Regular Session. I want the residents and the staff at these facilities to rest assured that I am dedicated to providing the best care possible and to do so in a manner that is the most efficient and effective for the communities and patients throughout the State that rely on these services.

            For the foregoing reasons, I disapprove and return Enrolled Committee Substitute for House Bill 113.

Sincerely,

Jim Justice

                                                                        Governor

cc:       The Honorable Mitch Carmichael

                President of the Senate

            The Honorable Mac Warner

                Secretary of State

            The Senate proceeded to the thirteenth order of business.

At the respective requests of Senators Beach and Woelfel, unanimous consent being granted, it was ordered that the Journal show had Senators Beach and Woelfel been present in the chamber on Friday, June 16, 2017, they would have voted “nay” on the passage of Engrossed Senate Bill 1013.

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

At the request of Senator Trump, unanimous consent being granted, Senator Trump offered the following pre-adjournment resolution from the floor:

            Senate Resolution 105—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 Trump, 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 Maynard, Hall and Ojeda.

Subsequently, Senator Maynard reported that the duties assigned by Senate Resolution 106 had been performed.

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

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

At the request of Senator Trump, and by unanimous consent, Senator Trump offered the following resolution from the floor:

            Senate Resolution 106—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 Trump, 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 Sypolt, Cline and Miller.

Delegates Wagner, Sypolt and Thompson, 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 Sypolt, Cline and Miller, 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 Sypolt, 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 Sypolt then reported this mission accomplished.

Senator Trump then moved that the first extraordinary session of the Senate in the year two thousand seventeen adjourn sine die.

The question being on the adoption of Senator Trump’s aforestated motion, and on this question, Senator Trump demanded the yeas and nays.

The roll being taken, the yeas were: Beach, Blair, Boley, Boso, Clements, Cline, Gaunch, Hall, Mann, Maynard, Miller, Ojeda, Stollings, Swope, Sypolt, Trump, Woelfel and Carmichael (Mr. President)—18.

The nays were: None.

Absent: Azinger, Facemire, Ferns, Jeffries, Karnes, Maroney, Mullins, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Takubo, Unger and Weld—16.

So, a majority of those present and voting having voted in the affirmative, the President declared Senator Trump’s motion had prevailed.

In accordance with the foregoing motion, the first extraordinary session of the Senate in the year two thousand seventeen adjourned sine die.

________

 

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