West Virginia Legislature
Journal of the House of Delegates
Eighty-Fourth Legislature
Second Extraordinary Session
Charleston, Monday, November
18, 2019
[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]
Pursuant to the Proclamation of His Excellency, the Governor, issued the fourteenth day of November, 2019, and hereinafter set forth, convening the Legislature in Extraordinary Session on the eighteenth day of November, 2019 at 12:00 noon, the House of Delegates assembled in its Chamber in the Capitol Building in the City of Charleston and was called to order by the Speaker, the Honorable Roger Hanshaw.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
Messages from the Executive
and other Communications
The following communications were laid before the House of Delegates and reported by the Clerk:
HOUSE OF DELEGATES
WEST VIRGINIA LEGISLATURE
Building 1, Room 205-E
1900 Kanawha BLVD., East
Charleston, WV 25305
August 14, 2019
The Honorable Roger Hanshaw
Speaker, WV House of Delegates
Building 1, Room 228M
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305
Dear Speaker Hanshaw:
Please accept my resignation from the West Virginia House of Delegates, effective August 30, 2019. After much thought and discussion with my family, I have decided to pursue a private-sector employment opportunity that will unfortunately not allow me to continue my service in the House.
It has been an absolute honor to represent the people of the 7th District these past three years. I have thoroughly enjoyed serving with you and my fellow legislators, and wish you continued success in your efforts to make West Virginia the best place to live, work, and raise a family.
Sincerely,
Delegate Jason S. Harshbarger
7th District
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Jim Justice
Governor of West Virginia
September 17, 2019
The Honorable Mac Warner
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Warner:
Pursuant to W. Va. Code § 3-10-5, I have this day appointed Trenton C. Barnhart, 5 Wolfe Lane, Saint Marys, Pleasants County, West Virginia 26170, as a Delegate representing the Seventh District of the House of Delegates, to fill the vacancy created by the resignation of the Honorable Jason S. Harshbarger.
Sincerely,
Jim Justice,
Governor.
The Clerk announced that Delegate Barnhart had taken the oath of office, as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia, on September 23, 2019.
The Speaker then asked the Members to stand for a moment of silence in memory of Delegate Sharon Lewis Malcolm, who died September 30, 2019.
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Jim Justice
Governor of West Virginia
October 21, 2019
The Honorable Mac Warner
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Warner:
Pursuant to W. Va. Code § 3-10-5, I have this day appointed T. Kevan Bartlett, 5008 Renard Street, Sissonville, Kanawah County, West Virginia 25320, as a Delegate representing the Thirty-Ninth District of the House of Delegates, to fill the vacancy created by the passing of the Honorable Sharon Lewis Malcolm.
Sincerely,
Jim Justice,
Governor.
The Clerk announced that Delegate Bartlett had taken the oath of office, as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia, on October 28, 2019.
Delegate Kessinger arose to suggest the absence of a quorum, the Clerk opened the machine for the roll to be taken (Roll No. 924), and 91 members being present, the Speaker declared the presence of a quorum. The absent being as follows:
Absent: Byrd, Fluharty, Hornbuckle, Hott, Nelson, Rohrbach, Summers, C. Thompson and Wilson.
The Speaker laid before the House of Delegates a Proclamation of His Excellency, the Governor, convening the Legislature in extraordinary session, which was read by the Clerk.
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 Noon on the eighteenth day of November, Two Thousand Nineteen, 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 amending the West Virginia Tourism Act to extend the availability of the Tourism Development Act Tax Credit Program and to authorize the tourism office, in conjunction with the development office, to participate in reviewing, processing, and approving applications received under the act; and
SECOND: A bill limiting the ability to expunge DUI offensed to those offenses that may be expunged by utilizing the existing process in W. Va. Code §17C-5-2b, to be in accordance with federal law; and
THIRD: A bill supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2020, organization 0803, by supplementing and amending the appropriations for the fiscal year ending June 30, 2020; and
FOURTH: Legislation authorizing and appropriating the expenditure of public funds to pay 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 fourteenth day of November, in the year of our Lord, Two
Thousand Nineteen, and in the One Hundred Fifty-Seventh year of the State.
Jim Justice,
Governor
By the Governor
Mac Warner,
Secretary of State
On motion of Delegate Kessinger, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation by which it had been called together.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Jeffries, Fast and Byrd.
On motion of Delegate Kessinger, the Speaker was authorized to appoint a committee of three, to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Storch, Phillips and Rowe.
Bills Introduced
Pursuant to House Rule 92, bills were introduced, and severally referred as follows:
By Delegates Hanshaw (Mr. Speaker) and Miley
[By Request of the Executive]:
H. B. 211 - “A Bill to amend and reenact §5B-2E-11 of the Code of West Virginia, 1931, as amended, relating to extending tax credits for certain tourism development and expansion projects authorized under the West Virginia Tourism Development Act”; to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Miley
[By Request of the Executive]:
H. B. 212 - “A Bill to amend and reenact §62-16-5 and §62-16-6 of the Code of West Virginia, 1931, as amended; relating to clarifying provisions of the Military Service Member Court relating to driving offenses; prohibiting participation in the court if the person has committed violations relating to driving under the influence of alcohol, controlled substances, or drugs with certain exceptions; authorizing Military Service Member Courts to utilize the Test and Lock and expungement process in certain driving under the influence cases; removing the authority to expunge convictions for all motor vehicle violations, except parking tickets for commercial drivers licensees; and removing the authority to expunge convictions for motor vehicle violations”; to the Committee on the Judiciary.
By Delegates Hanshaw (Mr. Speaker) and Miley
[By Request of the Executive]:
H. B. 213 - “A Bill supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2020, organization 0803, by supplementing and amending the appropriations for the fiscal year ending June 30, 2020”; to the Committee on Finance.
At 12:18 p.m., on motion of Delegate Kessinger, the House of Delegates recessed until 7:00 p.m.
* * * * * * *
Evening Session
* * * * * * *
The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 2002 - “A Bill to amend and reenact §62-16-5 and §62-16-6 of the Code of West Virginia, 1931, as amended, all relating to clarifying provisions of the Military Service Member Court relating to driving offenses; prohibiting participation in the court if the person has committed violations relating to driving under the influence of alcohol, controlled substances, or drugs with certain exceptions; authorizing Military Service Member Courts to utilize the test and lock and expungement process in certain driving under the influence cases; removing the authority to expunge convictions for all motor vehicle violations, except parking tickets, for commercial drivers licensees; and removing the authority to expunge convictions for motor vehicle violations.”
Delegate Kessinger moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On this question, the yeas and nays were taken (Roll No. 925), and there were -- yeas 92, nays 2, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Fluharty, Hott, Queen, Rodighiero and Summers. So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 926), and there were—yeas 88, nays 7, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Kump, McGeehan, Paynter, Pushkin, Steele, C. Thompson and Wilson.
Absent and Not Voting: Cooper, Fluharty, Hott, Queen and Summers.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2002) passed.
Delegate Kessinger moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 927), and there were—yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Bartlett, McGeehan, Pushkin, Steele and Wilson.
Absent and Not Voting: Cooper, Fluharty, Hott, Queen and Summers.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2002) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 2003 - “A Bill supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2020, organization 0803, by supplementing and amending the appropriations for the fiscal year ending June 30, 2020.”
At the respective requests of Delegate Kessinger, and by unanimous consent, reference of the bill (S. B. 2003) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Kessinger moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On this question, the yeas and nays were taken (Roll No. 928), and there were—yeas 84, nays 11, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Canestraro, Diserio, Estep-Burton, Hornbuckle, Kump, Lovejoy, McGeehan, Staggers, C. Thompson, Walker and Zukoff.
Absent and Not Voting: Cooper, Fluharty, Hott, Queen and Summers.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 929), and there were—yeas 58, nays 37, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Angelucci, Barrett, Bates, N. Brown, S. Brown, Campbell, Canestraro, Caputo, Diserio, Doyle, Estep-Burton, Evans, Fleischauer, Hansen, Hicks, Hornbuckle, Lavender-Bowe, Longstreth, Lovejoy, McGeehan, Miley, Miller, Paynter, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Staggers, Swartzmiller, C. Thompson, R. Thompson, Tomblin, Walker, Williams and Zukoff.
Absent and Not Voting: Cooper, Fluharty, Hott, Queen and Summers.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2003) passed.
Delegate Kessinger moved that the bill take effect its passage.
On this question, the yeas and nays were taken (Roll No. 930), and there were—yeas 73, nays 22, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Angelucci, S. Brown, Campbell, Canestraro, Caputo, Diserio, Estep-Burton, Evans, Hansen, Hicks, Lavender-Bowe, Longstreth, P. Martin, McGeehan, Paynter, Pyles, Rodighiero, Sponaugle, Staggers, Swartzmiller, C. Thompson and Walker.
Absent and Not Voting: Cooper, Fluharty, Hott, Queen and Summers.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2003) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 2001 - “A Bill to amend and reenact §5B-2E-11 of the Code of West Virginia, 1931, as amended, relating to extending tax credits for certain tourism development and expansion projects authorized under the West Virginia Tourism Development Act.”
At the respective requests of Delegate Kessinger, and by unanimous consent, reference of the bill (S. B. 2001) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Kessinger moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On this question, the yeas and nays were taken (Roll No. 931), and there were—yeas 57, nays 38, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Angelucci, Barrett, Bates, Boggs, S. Brown, Byrd, Campbell, Canestraro, Caputo, Diserio, Doyle, Estep-Burton, Evans, Fleischauer, Hansen, Hicks, Hornbuckle, Kump, Lavender-Bowe, Longstreth, Lovejoy, Miley, Miller, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Skaff, Sponaugle, Staggers, Swartzmiller, C. Thompson, R. Thompson, Tomblin, Walker, Williams and Zukoff.
Absent and Not Voting: Cooper, Fluharty, Hott, Queen and Summers.
So, four fifths of the members present not having voted in the affirmative, the motion to dispense with the constitutional rule was rejected.
At 8:13 p.m., the House of Delegates recessed for ten minutes.
At the request of Delegate Kessinger, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions
Delegate Hanshaw (Mr. Speaker) offered the following resolution, which was introduced pursuant to House Rule 109, and reported by the Clerk:
H. C. R. 201 - “Authorizing adjournments of the Senate and House of Delegates.”
Resolved by the Legislature of West Virginia:
That during this Second Extraordinary Session of the Legislature in 2019, both the Senate and House of Delegates are hereby authorized to adjourn, as needed, for more than three days, pursuant to Section 23, Article VI of the Constitution of the State of West Virginia.
At the respective requests of Delegate Kessinger, and by unanimous consent, reference of the resolution (H. C. R. 201) to a committee was dispensed with, and it was taken up for immediate consideration, and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 8:27 p.m., Monday, November 18, 2019, the House of Delegates adjourned, pursuant to H. C. R. 201, until the call of the Speaker.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470