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Monday, December 16, 2019

SECOND DAY

[Delegate Hanshaw, Mr. Speaker, in the Chair]

Pursuant to the November 18, 2019 motion to adjourn and the subsequent letter from the Speaker of the House reconvening the Second Extraordinary Session on Monday, December 16, 2019 at 12:00 Noon, the House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Monday, November 18, 2019, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate Capito, 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 20^th day of November, 2019, 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. 2002, Limiting ability to expunge DUI offenses to those offenses which expungement complies with federal law,

And,

S. B. 2003, Supplementing, amending, decreasing, and increasing existing appropriations to DOH for fiscal year ending June 30, 2020.

Messages from the Executive

Delegate Hanshaw (Mr. Speaker) presented a communication from His Excellency, the Governor, advising that on November 20, 2019, he approved S. B. 2002 and S. B. 2003.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

H. C. R. 201, Authorizing adjournments of the Senate and House of Delegates.

Special Calendar

Second Reading

S. B. 2001, Extending tax credits for certain tourism development projects; on second reading, coming up in regular order, was read a second time.

Delegate Bates moved to amend the bill on page one, following the article heading, by striking out the remainder of the bill and inserting in lieu thereof, the following:

“§5B-2E-11. Termination; conditions on future eligibly for tax credits.

The Development Office may not accept any new project application after December 31, ~~2019~~ 2025 and all applications submitted prior to January 1, ~~2020~~ 2026 that have not been previously approved or not approved, shall be deemed not approved and shall be null and void as of January 1, ~~2020~~ 2026. Provided; That the following limitations of eligibility for any company applying for a tax credit, effective January 1, 2020:

(1) Any applicant that has previously received a tax credit awarded pursuant to this article is prohibited from receiving further tax credits until the company has fulfilled all requirements and conditions of prior awarded tax credits, including but not limited to, submission of annual reports as required pursuant to §5B-2E-8 of this article;

(2) Any company applying for tax credits pursuant to this article that owns or is owned by a controlling interest in another company operating in this state that is not in compliance with state and federal laws, rules or regulations as required in §5B-2E-8 (a)(5) is prohibited from being deemed an eligible company until those violations are rectified; or

(3) To avoid the appearance of a conflict of interest and undue influence over receipt of tax credits, no company owned by a state-wide elected or appointed official that oversees, directs or supervises the development office shall be eligible for a tax credit pursuant to this article.”

Delegate Summers arose to a point of order regarding the germaneness of the amendment.

The Speaker ruled that the amendment was not germane to the bill.

The Clerk reported another amendment offered by Delegate Bates.

In response to an inquiry by Delegate Bates, the Speaker indicated that the ruling on the additional amendments would be consistent with the previous ruling.

In the absence of objection, Delegate Bates then obtained consent to withdraw the amendment and the other two amendments which had been filed with the Clerk.

The bill was then ordered to third reading.

Delegate Summers moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 932), and there were--yeas 88, nays 8, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Bates, Diserio, Evans, Fleischauer, Hansen, Kump, Robinson and Walker.

Absent and Not Voting: Canestraro, Hardy, McGeehan and Rodighiero.

So, four fifths of the members present and voting having voted in the affirmative, the constitutional rule was dispensed with.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 933), and there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Bates, Cowles, Diserio, Doyle, Fleischauer, Hansen, Paynter, Pyles and Walker.

Absent and Not Voting: Canestraro, Hardy, McGeehan and Rodighiero.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2001) passed.

Delegate Summers moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 934), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Diserio.

Absent and Not Voting: Canestraro, Hardy, McGeehan and Rodighiero.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2001) takes effect from its passage.

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

Leaves of Absence

At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Canestraro, Hardy, McGeehan and Rodighiero.

On motion of Delegate Summers, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had completed the business of this Second Extraordinary Session of the 84^th Legislature and was ready to adjourn sine die.

Whereupon,

The Speaker appointed as members of said committee the following:

Delegates J. Jeffries, Fast and Byrd.

On motion of Delegate Summers, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to inform His Excellency, the Governor, that the Legislature was ready to adjourn sine die.

Whereupon,

The Speaker appointed as members of such committee the following:

Delegates Storch, Phillips and Rowe.

Committee Reports

In accordance with House Rule 68, Delegate Capito, Chair of the Joint Committee on Enrolled Bills, filed the following report with the Clerk:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 18^th day of December, 2019, 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:

S. B. 2001, Extending tax credits for certain tourism development projects.

Miscellaneous Business

Subsequent to the adjournment of the session, the following bill became law without the signature of the Governor:

S. B. 2001, Extending tax credits for certain tourism development projects.

At 12:35 p.m., on motion of Delegate Summers, the House of Delegates adjourned sine die.

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We hereby certify that the forgoing record of the proceedings of the House of Delegates, Second Extraordinary Session, 2019, is the Official Journal of the House of Delegates for said session.

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Roger Hanshaw

Speaker of the House of Delegates

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Stephen J. Harrison

Clerk of the House of Delegates