WEST VIRGINIA LEGISLATURE SENATE JOURNAL EIGHTY-THIRD LEGISLATURE REGULAR SESSION, 2017 FIFTIETH DAY ____________ Charleston, West Virginia, Wednesday, March 29, 2017 The Senate met at 9 a.m. (Senator Carmichael, Mr. President, in the Chair.) Prayer was offered by Pastor Eric Porterfield, Fifth Avenue Baptist Church, Huntington, West Virginia. The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Robert Karnes, a senator from the eleventh district. Pending the reading of the Journal of Tuesday, March 28, 2017, At the request of Senator Sypolt, 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. At the request of Senator Ferns, and by unanimous consent, the Senate proceeded to the eighth order of business. Eng. Com. Sub. for Com. Sub. for Senate Bill 38, Creating 5-year tax credit for new businesses locating on post-mine sites. On third reading, coming up in regular order, was read a third time and put upon its passage. Pending discussion, The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill 38 pass?” On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—33. 2 JOURNAL OF THE SENATE [March 29 The nays were: None. Absent: Mann—1. So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. 38) passed with its title. Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein. Eng. Com. Sub. for Senate Bill 40, Requiring inclusion of protocols for response to after- school emergencies in school crisis response plans. On third reading, coming up in regular order, was read a third time and put upon its passage. On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—34. The nays were: None. Absent: None. So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 40) passed with its title. Senator Ferns moved that the bill take effect August 1, 2017. On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—34. The nays were: None. Absent: None. So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 40) takes effect August 1, 2017. Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein. Eng. Com. Sub. for Senate Bill 57, Continuing personal income tax adjustment for certain retirees. On third reading, coming up in regular order, was read a third time and put upon its passage. On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, 2017] JOURNAL OF THE SENATE 3 Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—34. The nays were: None. Absent: None. So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 57) passed with its title. Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein. Eng. Com. Sub. for Senate Bill 238, Increasing tax credits allowed for rehabilitation of certified historic structures. On third reading, coming up in regular order, was read a third time and put upon its passage. Pending discussion, The question being “Shall Engrossed Committee Substitute for Senate Bill 238 pass?” On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—34. The nays were: None. Absent: None. So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 238) passed with its title. Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein. Eng. Com. Sub. for Com. Sub. for Senate Bill 281, Increasing number of limited video lottery machines allowed at retail location. On third reading, coming up in regular order, was reported by the Clerk. On motion of Senator Ferns, the bill was committed to the Committee on Rules. Eng. Senate Bill 282, Directing Office of Administrative Hearings to amend current legislative rule relating to appeal procedures. On third reading, coming up in regular order, was read a third time and put upon its passage. On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, 4 JOURNAL OF THE SENATE [March 29 Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—34. The nays were: None. Absent: None. So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 282) passed with its title. Senator Ferns moved that the bill take effect from passage. On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—34. The nays were: None. Absent: None. So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 282) takes effect from passage. Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein. Eng. Com. Sub. for Senate Bill 286, Relating to grandparents’ visitation rights. On third reading, coming up in regular order, was read a third time. Pending discussion, At the request of Senator Stollings, and by unanimous consent, further consideration of the bill was deferred until the conclusion of bills on today’s second reading calendar. At the request of Senator Romano, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests. The Senate again proceeded to the eighth order of business, the next bill coming up in numerical sequence being Eng. Senate Bill 293, Providing increase in annual salary of employees in Division of Corrections. On third reading, coming up in regular order, was reported by the Clerk. On motion of Senator Ferns, the bill was committed to the Committee on Rules. Eng. Senate Bill 294, Relating to Community Sustainability Investment Pilot Program. On third reading, coming up in regular order, was read a third time and put upon its passage. 2017] JOURNAL OF THE SENATE 5 Pending discussion, The question being “Shall Engrossed Senate Bill 294 pass?” On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—34. The nays were: None. Absent: None. So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 294) passed with its title. Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein. Eng. Com. Sub. for Com. Sub. for Senate Bill 333, Requiring all DHHR-licensed facilities access WV Controlled Substances Monitoring Program Database. On third reading, coming up in regular order, was read a third time and put upon its passage. Pending discussion, The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill 333 pass?” On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)—34. The nays were: None. Absent: None. So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. 333) passed with its title. Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein. Eng. Com. Sub. for Com. Sub. for Senate Bill 343, Relating to transportation network companies. On third reading, coming up in regular order, was read a third time and put upon its passage.