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Senate Journal


Day 01 (05-20-2018) - [PDF]
Day 02 (05-21-2018) - [PDF]

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2018

SECOND DAY

____________

Charleston, West Virginia, Monday, May 21, 2018

The Senate met at 12:24 p.m.

(Senator Carmichael, 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 Stephen Baldwin, a senator from the tenth district.

Pending the reading of the Journal of Sunday, May 20, 2018,

At the request of Senator Rucker, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.

At the request of Senator Woelfel, and by unanimous consent, Senator Woelfel addressed the Senate.

The Senate then stood in observance of a moment of silence in recognition of the victims of the Santa Fe High School shooting in Santa Fe, Texas.

            The Clerk presented the following communications from various state agencies as required by the provisions of law:

Environmental Protection, Department of (Groundwater Programs and Activities) (§22-12-6)

Environmental Protection, Department of (Integrated Water Quality Monitoring and Assessment) (§22-11-28)

Health and Human Resources, Department of (Sudden Unexplained Infant Deaths) (§16-1-6)

            Natural Resources, Division of (§20-1-7)

            Senior Services, Bureau of (§16-5P-14)

            At the request of Senator Ferns, and by unanimous consent, the Senate 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 May 20, 2018, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message 1 is submitted:

1.   For Acting Secretary, Department of Education and the Arts, W. Clayton Burch, Culloden, Cabell County, to serve at the will and pleasure of the Governor.

2.   For Member, West Virginia Northern Community and Technical College Board of Governors, Richard Barnabei, Weirton, Hancock County, for the term ending June 30, 2020.

3.   For Executive Director, School Building Authority, David L. Roach, Huntington, Cabell County, to serve at the will and pleasure of the Governor.

4.   For Acting Executive Director, Human Rights Commission, Cameron S. McKinney, Alum Creek, Lincoln County, to serve at the will and pleasure of the Governor.

5.   For Member, Consolidated Public Retirement Board, C. Jeffrey Vallet, Chapmanville, Logan County, for the term ending June 30, 2022.

6.   For Member, Consolidated Public Retirement Board, Joseph G. Bunn, Charleston, Kanawha County, for the term ending June 30, 2022.

7.   For Member, Environmental Quality Board, Marybeth Winters, Beckley, Raleigh County, for the term ending June 30, 2018.

8.   For Member, Higher Education Policy Commission, Donna L. Schulte, Princeton, Mercer County, for the term ending June 30, 2021.

9.   For Member, Women’s Commission, Michelle Barnes Russell, Martinsburg, Berkeley County, for the term ending June 30, 2020.

10. For Member, Women’s Commission, Diana L. Johnson, Charleston, Kanawha County, for the term ending June 30, 2020.

11. For Member, Women’s Commission, Beth A. Ross, Daniels, Raleigh County, for the term ending June 30, 2020.

12. For Member, Women’s Commission, Gerald Hayden, Beckley, Raleigh County, for the term ending June 30, 2020.

13. For Member, West Virginia Children’s Health Insurance Board, Lisa M. Costello, Morgantown, Monongalia County, for the term ending June 30, 2019.

14. For Member, Education Commission of the States, Steven L. Paine, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.

15. For Member, Board of Directors of the West Virginia United Health System, The Honorable Kevin J. Craig, Huntington, Cabell County, for the term ending October 15, 2022.

16. For Member, Board of Directors of the West Virginia United Health System, Bernard P. Twigg, Glen Dale, Marshall County, for the term ending October 15, 2020.

17. For Member, Board of Directors of the West Virginia United Health System, Ellen S. Cappellanti, Charleston, Kanawha County, for the term ending October 15, 2018.

18. For Member, Bluefield State College Board of Governors, Jesse Calloway, Chesterfield, Virginia, for the term ending June 30, 2021.

19. For Member, Driver’s Licensing Advisory Board, Kylen Whipp, Morgantown, Monongalia County, for the term ending June 30, 2019.

20. For Member, Driver’s Licensing Advisory Board, Jason Peklinsky, Morgantown, Monongalia County, for the term ending June 30, 2018.

21. For Member, National Coal Heritage Area Authority, James C. Gaal, Hinton, Summers County, for the term ending June 30, 2019.

22. For Member, National Coal Heritage Area Authority, William R. Archer, Bluefield, Mercer County, for the term ending June 30, 2020.

23. For Member, National Coal Heritage Area Authority, David W. Hatfield, Matewan, Mingo County, for the term ending June 30, 2021.

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.

____________

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 Carmichael (Mr. President) laid before the Senate the following executive message:

Senate Executive Message 1, dated May 20, 2018 (shown in the Senate Journal of that day, pages 5 through 8, 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: Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

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.

________

Consideration of executive nominations having been concluded,

The Senate proceeded to the ninth order of business.

Senate Bill 1001, Continuing Division of Culture and History as Department of Arts, Culture and History.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill 1002, Creating retroactive effective date within WV Fire, EMS, and Law-Enforcement Officer Survivor Benefit Act.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill 1003, Relating to management and inventory of state vehicles.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill 1004, Modifying types of businesses required to post human trafficking assistance notices.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

Engrossed Senate Bill 1004 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, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 1004) passed with its title.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Senate Bill 1005, Amending sections of Physical Therapy Licensure Compact Act.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

Engrossed Senate Bill 1005 was then read a third time and put upon its passage.

Senator Ferns requested a ruling from the Chair as to whether he should be excused from voting under Rule 43 of the Rules of the Senate.

The Chair replied that any impact on Senator Ferns would be as a member of a class of persons and that he would be required to vote.

On the passage of the bill, the yeas were: Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 1005) passed with its title.

Senator Ferns moved that the bill take effect June 7, 2018.

On this question, the yeas were: Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1005) takes effect June 7, 2018.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Senate Bill 1006, Amending deadlines for securing deeds.

On second reading, coming up in regular order, was read a second time.

On motion of Senator Trump, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

On pages two through four, by striking out all of section twenty-three;

And,

            On pages seven through nine, by striking out all of section fifty-six.

The bill (S. B. 1006), as amended, was ordered to engrossment and third 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, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

Engrossed Senate Bill 1006 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, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 1006) passed.

On motion of Senator Trump, the following amendment to the title of the bill was reported by the Clerk and adopted:

Eng. Senate Bill 1006—A Bill to amend and reenact §11A-3-19, §11A-3-20, §11A-3-27, §11A-3-55, and §11A-3-59 of the Code of West Virginia, 1931, as amended, all relating generally to purchasers of property tax liens securing a deed; amending the timeframe during which a lien purchaser must provide certain information and fees to the Auditor to allow service of notice to redeem; amending the date by which a purchaser must provide notice to the Auditor that a lien purchased at a sheriff’s sale was subject to an erroneous assessment or was nonexistent; amending the time frame during which the Auditor must execute and deliver deeds; and amending the time frame during which the Auditor must provide or publish notice to redeem a tax lien sold at a commissioner’s sale.

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, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1006) takes effect from passage.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Senate Bill 1007, Supplementing and amending appropriations to DHHR, Division of Health.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

Engrossed Senate Bill 1007 was then read a third time and put upon its passage.

Pending discussion,

The question being “Shall Engrossed Senate Bill 1007 pass?”

On the passage of the bill, the yeas were: Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1007) 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, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: None.

Absent: Arvon, Karnes, Maroney, Ojeda, Plymale, and Weld—6.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 1007) takes effect from passage.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Senate Bill 1008, Supplementing and amending appropriations to certain divisions within Department of Military Affairs and Public Safety.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

On motion of Senator Ferns, at 12:54 p.m., the Senate recessed until 1:30 p.m. today.

The Senate reconvened at 2:18 p.m. today and, without objection, returned to the third order of business.

A message from the Clerk of the House of Delegates announced the passage by that body, to take effect June 7, 2018, and requested the concurrence of the Senate in the passage of

Eng. House Bill 101—A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended, as contained in Chapter 105, Acts of the Legislature, Regular Session, 2018; and to amend and reenact §29-1-1 and §29-1-2 of said code, all relating to the Division of Culture and History continuing as the Department of Arts, Culture and History; providing that the Library Commission and the West Virginia Educational Broadcasting Authority shall be organized within the Department of Arts, Culture and History for administrative support; providing that any references throughout this code to the “Commissioner of Culture and History” means the “Curator of Arts, Culture and History” and any references throughout this code to the “Division of Culture and History” means the “Department of Arts, Culture and History”; organizing the Department of Arts, Culture and History as a separate independent agency within the Executive Branch; continuing the Commissioner of Culture and History as the Curator of Arts, Culture and History; specifying that the curator reports directly to Governor in furtherance of purposes and duties of the department; specifying the role of the curator; specifying that the curator is to represent the department as a full participating member in meetings of department secretaries convened by the Governor.

At the request of Senator Ferns, and by unanimous consent, 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: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

The bill was read a second time and ordered to third reading.

Having been engrossed, the bill (Eng. H. B. 101) was then read a third time and put upon its passage.

Pending discussion,

The question being “Shall Engrossed House Bill 101 pass?”

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: Gaunch—1.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. 101) passed with its title.

Senator Ferns moved that the bill take effect June 8, 2018.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—28.

The nays were: Gaunch—1.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 101) takes effect June 8, 2018.

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

A message from the Clerk of the House of Delegates announced the passage by that body, to take effect June 8, 2018, and requested the concurrence of the Senate in the passage of

Eng. House Bill 102—A Bill to amend and reenact §5H-1-2 of the Code of West Virginia, 1931, as amended, as contained in Chapter 211, Acts of the Legislature, Regular Session, 2018, relating to the West Virginia Fire, EMS, and Law-Enforcement Officer Survivor Benefit Act; creating a retroactive effective date; deleting a one-payment requirement for the benefit; requiring benefit distribution be consistent with the intestate statutes when no beneficiary documents are found; requiring the fire, EMS, or law-enforcement program to provide documentation of surviving spouse, descendants or parents of the decedent; and correcting terms for consistency of requirements.

At the request of Senator Ferns, and by unanimous consent, 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: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

The bill (Eng. H. B. 102) was read a second time.

On motion of Senator Trump, the following amendment to the bill was reported by the Clerk and adopted:

By striking out everything after the enacting clause and inserting in lieu thereof the following:

CHAPTER 5H. SURVIVOR BENEFITS.

ARTICLE 1. WEST VIRGINIA FIRE, EMS, and law-enforcement officer SURVIVOR BENEFIT ACT.

§5H-1-2. Death benefit for survivors.

(a) In the event a firefighter, EMS, or law-enforcement provider dies as a proximate result of the performance of, his or her duties, the department chief, within 30 days from the date of death shall submit certification of the death to the Governor’s Office.

(b) This act includes both paid and volunteer fire, EMS, and law-enforcement personnel acting in the performance of his or her duties of any fire, EMS, or law-enforcement department certified by the State of West Virginia.

(c) A firefighter, EMS, or law-enforcement provider is considered to be acting in the performance of his or her duties for the purposes of this act when he or she is participating in any role of a fire, EMS, or law-enforcement department function. This includes training, administration meetings, fire, EMS, or law-enforcement incidents, service calls, apparatus, equipment or station maintenance, fundraisers, and travel to or from such functions.

(d) Travel includes riding upon or in any apparatus or vehicle which is owned or used by the fire, EMS, or law-enforcement department, or any other vehicle going to or directly returning from a firefighter’s home, place of business, or other place where he or she shall have been prior to participating in a fire, EMS, or law-enforcement department function, or upon the authorization of the chief of the department, agency head, or other person in charge.

(e) Certification shall include the name of the certified fire, EMS, or law-enforcement program, the name of the deceased firefighter, EMS, or law-enforcement provider, the name or names and address of the beneficiary or beneficiaries, any documentation designating a beneficiary or beneficiaries, and setting forth the circumstances that qualify the deceased individual for death benefits under this act. Upon receipt of the certification from the certified fire, EMS, or law-enforcement program, the state shall, from moneys from the State Treasury, General Fund, pay to the certified fire, EMS, or law-enforcement program the sum of $100,000 in the name of the beneficiary or beneficiaries of the death benefit. Within five days of receipt of this sum from the state, the fire, EMS, or law-enforcement program certified by the state shall pay the sum as a benefit to the surviving spouse or designated beneficiary or beneficiaries. If there is no surviving spouse or designated beneficiary, then the sum shall be paid as if the decedent had designated as beneficiaries those persons who are entitled to inherit the decedent’s intestate estate, in the proportions established by to the minor children of the firefighter, EMS, or law-enforcement provider who died as a proximate result of the performance of his or her duties. When no spouse, designated beneficiary, or minor children survive, the benefit shall be paid to the parent or parents of the firefighter, EMS, or law-enforcement provider §42-1-3 and §42-1-3a of this Code. It is the responsibility of the certified fire, or EMS, or law-enforcement program to document the surviving spouse or beneficiary or beneficiaries above mentioned for purposes of reporting to the Governor’s Office.

(f) Any death ruled by a physician to be a result of an injury sustained during any of the above mentioned performance of fire department, EMS, or law-enforcement duties will be eligible for this benefit, even if this death occurs at a later time.

(g) Those individuals who are covered by this article are eligible for only one state death benefit, paid pursuant to the provisions of this section, payment regardless of the amount.

(h) Every department or agency head employing persons to which this article applies shall provide notice of the benefit provided hereby to such employees and encourage covered employees to provide a written designation of beneficiary to be maintained in the employee’s personnel file.

(i) Any person making application for certification as a firefighter to which this section applies shall provide a written designation of beneficiary using forms and procedures prescribed by the State Fire Marshal. Any person making application for emergency medical services personnel certification to which this section applies shall provide a written designation of beneficiary using forms and procedures prescribed by the Commissioner of the Bureau for Public Health.

(j) The operation of the amendments to this section enacted during the 2018 Regular Session and 2018 First Extraordinary Session of the Legislature shall be effective retroactively to January 1, 2018.

The bill, as amended, was ordered to third reading.

Having been engrossed, the bill (Eng. H. B. 102) was then read a third time and put upon its passage.

Pending discussion,

The question being “Shall Engrossed House Bill 102 pass?”

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. 102) passed with its title.

Senator Ferns moved that the bill take effect June 8, 2018.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 102) takes effect June 8, 2018.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

A message from the Clerk of the House of Delegates announced the passage by that body, to take effect June 5, 2018, and requested the concurrence of the Senate in the passage of

Eng. House Bill 103—A Bill to amend and reenact §5A-12-5, §5A-12-6, §5A-12-7, and §5A-12-10 of the Code of West Virginia, 1931, as amended, as contained in Chapter 106, Acts of the Legislature, Regular Session, 2018; and to amend and reenact §17A-3-23, §17A-3-25, and §17A-3-26 of said code, as contained in Chapter 106, Acts of the Legislature, Regular Session, 2018, all relating to the management and inventory of state vehicles; requiring spending units to prepare and maintain a list of all employees provided a state vehicle that sets forth the specific bona fide noncompensatory business reasons for which the state vehicle is being provided to each employee and submit such list to the fleet management division; modifying vehicle log requirements; modifying reporting requirements; eliminating language related to perjury penalties; and eliminating provisions related to traffic citations.

At the request of Senator Ferns, and by unanimous consent, 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: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

The bill was read a second time and ordered to third reading.

Having been engrossed, the bill (Eng. H. B. 103) was then read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. 103) passed with its title.

Senator Ferns moved that the bill take effect June 5, 2018.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 103) takes effect June 5, 2018.

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

A message from the Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. House Bill 108—A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety, Adjutant General – State Militia, fund 0433, fiscal year 2018, organization 0603, and to the Department of Military Affairs and Public Safety, Division of Justice and Community Services, fund 0546, fiscal year 2018, organization 0620, by supplementing and amending the appropriations for the fiscal year ending June 30, 2018.

At the request of Senator Ferns, and by unanimous consent, 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: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

The bill was read a second time and ordered to third reading.

Having been engrossed, the bill (Eng. H. B. 108) was then read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 108) passed with its title.

Senator Ferns moved that the bill take effect from passage.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Mann, Maynard, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Woelfel, and Carmichael (Mr. President)—29.

The nays were: None.

Absent: Karnes, Maroney, Ojeda, Plymale, and Weld—5.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 108) takes effect from passage.

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

On motion of Senator Ferns, at 2:49 p.m., the Senate recessed until 3:15 p.m. today.

The Senate reconvened at 3:19 p.m. today and resumed business under the third order.

A message from the Clerk of the House of Delegates announced the concurrence by that body in the passage of

Eng. Senate Bill 1004, Modifying types of businesses required to post human trafficking assistance notices.

A message from the Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect June 7, 2018, of

Eng. Senate Bill 1005, Amending sections of Physical Therapy Licensure Compact Act.

A message from the Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of

Eng. Senate Bill 1006, Amending deadlines for securing deeds.

A message from the Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of

Eng. Senate Bill 1007, Supplementing and amending appropriations to DHHR, Division of Health.

A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, to take effect June 8, 2018, of

Eng. House Bill 102, Relating to the West Virginia Fire, EMS, and Law-Enforcement Officer Survivor Benefit Act.

The Senate proceeded to the sixth order of business.

At the request of Senator Ferns, and by unanimous consent, Senator Ferns offered the following pre-adjournment resolution from the floor:

Senate Resolution 103—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 Azinger, Arvon, and Beach.

Subsequently, Senator Azinger reported that the duties assigned by Senate Resolution No. 103 had been performed.

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

Delegates Ambler, Sypolt, and Lynch, announced that that body also had completed its labors and was ready to adjourn sine die.

At the request of Senator Ferns, unanimous consent being granted, Senator Ferns offered the following resolution from the floor:

Senate Resolution 104—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 Rucker, Cline, and Jeffries.

Delegates Kelly, Sobonya, and Hicks, 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 Rucker, Cline, and Jeffries, 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 Rucker, 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 Rucker then reported this mission accomplished.

            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 first extraordinary session of the eighty-third Legislature in the year two thousand eighteen, 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 reports of the Joint Committee on Enrolled Bills were 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 23rd day of May, 2018, 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. 1004), Modifying types of businesses required to post human trafficking assistance notices.

            (S. B. 1005), Amending sections of Physical Therapy Licensure Compact Act.

            (S. B. 1006), Amending deadlines for securing deeds.

            (S. B. 1007), Supplementing and amending appropriations to DHHR, Division of Health.

            (H. B. 101), Reestablishing the Division of Culture and History as the Department of Arts, Culture and History.

            (H. B. 102), Relating to the West Virginia Fire, EMS, and Law-Enforcement Officer Survivor Benefit Act.

            (H. B. 103), Relating to the management and inventory of state vehicles.

            And,

            (H. B. 108), Supplementing and amending the appropriations to the Department of Military Affairs and Public Safety.

                                                                        Respectfully submitted,

                                                                          Mark R. Maynard,

                                                                            Chair, Senate Committee.

                                                                          Roger Hanshaw,

                                                                            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 communications from His Excellency, the Governor, advising that on May 24, 2018, he had approved Enr. Senate Bill 1007 and Enr. House Bill 108; and on June 7, 2018, he had approved Enr. Senate Bill 1004, Enr. Senate Bill 1005, Enr. Senate Bill 1006, Enr. House Bill 101, Enr. House Bill 102, and Enr. House Bill 103.

On motion of Senator Ferns, at 3:22 p.m., the first extraordinary session of the Senate in the year two thousand eighteen adjourned sine die.

____________

 

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