West Virginia Legislature
Journal of the House of Delegates
Eighty-Fifth Legislature
First Extraordinary Session
Charleston, Monday, June 7, 2021
[MR. SPEAKER, MR. HANSHAW, IN THE CHAIR]
Pursuant to the Proclamation of His Excellency, the Governor, issued the third day of June, 2021, and hereinafter set forth with subsequent amendment, convening the Legislature in Extraordinary Session at Noon on the seventh day of June, 2021, 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.
At the request of Speaker Hanshaw, the Clerk opened the voting machine to determine the presence of a quorum (Roll No. 671), and 95 members having registered their presence, the Speaker declared a quorum was present. The absent being as follows:
Absent: Cooper, Martin, Nestor, Walker and Westfall.
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 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 Graves, Gearheart and Boggs.
On motion of Delegate Summers, 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 Rowan, Phillips and Lovejoy.
Messages from the Executive
Proclamations of His Excellency, the Governor, convening the Legislature in extraordinary session, were laid before the House of Delegates and read by the Clerk.
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
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 Monday, June 7, 2021, in its chambers in the State Capitol, the City of Charleston, for the limited purpose of considering and acting upon only the following matters:
FIRST: To make a supplementary appropriation of federal funds out of the Treasury from the balance of federal monies remaining unappropriated for the fiscal year ending June 30, 2022, to the Department of Health and Human Resources, Division of Health - Substance Abuse Prevention and Treatment, fund 8793, fiscal year 2022, organization 0506, appropriation 89101, in the amount of $14,959,019; to the Department of Health and Human Resources, Division of Health - Community Mental Health Services, fund 8794, fiscal year 2022, organization 0506, appropriation 89101, in the amount of $12,477,493; to the Department of Health and Human Resources, Division of Human Services - Energy Assistance, fund 8755, fiscal year 2022, organization 0511, appropriation 89101, in the amount of $40,464,237; to the Department of Health and Human Resources, Division of Human Services - Temporary Assistance for Needy Families, fund 8816, fiscal year 2022, organization 0511, appropriation 89101, in the amount of $4,617,546; and to the Department of Health and Human Resources, Division of Human Services - Child Care and Development, fund 8817, fiscal year 2022, organization 0511, appropriation 89101, in the amount of $330,722,313, by supplementing and amending the appropriations for the fiscal year ending June 30, 2022; and
SECOND: To make a supplementary appropriation of federal funds out of the Treasury from the balance of federal monies remaining unappropriated for the fiscal year ending June 30, 2022, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 8723, fiscal year 2022, organization 0506, appropriation 89101, in the amount of $4,886,344; to the Department of Health and Human Resources, Division of Health - Central Office, fund 8802, fiscal year 2022, organization 0506, appropriation 89101, in the amount of $248,917,788; and to the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2022, organization 0511, appropriation 89101, in the amount of $151,642,105; and, by supplementing and amending the appropriations for the fiscal year ending June 30, 2022; and
THIRD: To make a supplementary appropriation of federal funds out of the Treasury from the balance of federal monies remaining unappropriated for the fiscal year ending June 30, 2021, to the Department of Education, State Board of Education- State Department of Education, fund 8712, fiscal year 2021, organization 0402, appropriation 89101, in the amount of $1,246,924; and to the Department of Education, State Board of Education - School Lunch Program, fund 8713, fiscal year 2021, organization 0402, appropriation 13000, in the amount of $40,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2021; and
FOURTH: To make a supplementary appropriation of federal funds out of the Treasury from the balance of federal monies remaining unappropriated for the fiscal year ending June 30, 2022, to the Department of Education, State Board of Education-State Department of Education, fund 8712, fiscal year 2022, organization 0402, appropriation 89101, in the amount of $1,246,924; and to the Department of Education, State Board of Education - School Lunch Program, fund 8713, fiscal year 2022, organization 0402, appropriation 13000, in the amount of $52,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2022; and
FIFTH: To make a supplementary appropriation, in the amount of $150,000,000, by adding a new item and increasing the expenditure of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Transportation, Division of Highways, fund 0620, fiscal year 2021, organization 0803, appropriation 70000, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2020, known as the budget bill for the fiscal year ending June 30, 2021; and
SIXTH: To supplement, amend, and increase an item of existing appropriation from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2022, organization 0803, appropriation 23700, for the fiscal year ending June 30, 2021, in the amount of $150,000,000; and
SEVENTH: To authorize and appropriate public funds sufficient 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 Third day of June, in the year of our
Lord, Two Thousand Twenty-One, and in the One Hundred Fifty-Eighth year of the
State.
Jim Justice,
Governor.
By the Governor
Mac Warner,
Secretary of State.
A communication was laid before the House of Delegates, which was read by the Clerk as follows:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
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 AMEND the proclamation dated June 3, 2021, calling the West Virginia Legislature to convene in Extraordinary Session at Noon on Monday, June 7, 2021, in its chambers in the State Capitol, the City of Charleston, as follows:
1. By deleting item six in its entirety and replacing the same with the following:
SIXTH: To supplement, amend, and increase an item of
existing appropriation from the State Road Fund to the Department
of Transportation, Division of Highways, fund 9017, fiscal year
2022, organization 0803, appropriation 23700, for the fiscal year
ending June 30, 2022, in the amount of $150,000,000; and
2. By adding item eight, as follows:
EIGHTH: To correct an incorrect citation to federal law, by amending
and reenacting chapter 46, Acts of the Legislature, regular session,
2021, as last amended and reenacted by chapter 147, Acts
of the Legislature, regular session, 2003, relating to exemptions of
property in federal bankruptcy proceedings; allowing a debtor in
bankruptcy to use the federal law exemptions under 11 U.S.C.
§522(d); and updating the effective date.
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 Seventh day of June, in the year of
our Lord, Two Thousand Twenty-One, and in the One Hundred Fifty-Eighth year of
the State.
Jim Justice,
Governor.
By the Governor
Mac Warner,
Secretary of State.
The following communication was laid before the House of Delegates and reported by the Clerk:
STATE OF WEST VIRGINIA
Jim Justice
Governor of West Virginia
June 7, 2021
HOUSE EXECUTIVE MESSAGE NO. 1
2021 1ST EXTRAORDINARY SESSION
The Honorable Roger Hanshaw
Speaker, West Virginia House of Delegates
Building 1, Room M-228
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305
Dear Speaker Hanshaw:
The following amends and replaces the “FY 2021 Official Estimate General Revenue – Statement of Revenues by Source” which I submitted to you on February 10, 2021 as part of my Budget Document for the fiscal year ending June 30, 2021:
General Revenue Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2021
Official
Source of Revenue Estimate Revised
Business and Occupation Tax $ 126,900
Consumers Sales and Use Tax 1,421,800
Personal Income Tax1 2,255,650
Liquor Profit Transfers 23,000
Beer Tax and Licenses 7,550
Tobacco Products Tax (Cigarette & Other) 155,400
Business Franchise Fees 700
Property Transfer Tax 12,300
Property Tax 7,600
Insurance Tax 131,300
Departmental Collections 24,200
Corporate Income/Business Franchise Tax1 194,500
Miscellaneous Transfers 2,000
Interest Income 14,664
Severance Tax 250,950
Miscellaneous Receipts 11,000
HB102 - Lottery Transfers 65,000
Special Revenue Transfer 10,000
Senior Citizen Tax Credit Reimbursement 10,000
Total $ 4,724,514
1Revised due to COVID-19 Pandemic extended due dates for filing and paying income taxes, a significant amount of income tax payments were deferred from the fourth quarter of FY2020 to the first quarter of FY2021. Prior to the beginning of fiscal year 2021 the monthly estimates were adjusted to capture this change but the overall annual estimates were not adjusted at that time.
The following amends and replaces the “General Revenue Fund – Statement of Revenues, Expenditures, and Changes in Cash Balance” which I submitted to you on February 10, 2021 as part of my Budget Document for the fiscal year ending June 30, 2022:
General Revenue Fund
Statement of Revenues, Expenditures, and Changes in Cash Balance
(Nearest Dollar)
Actual Beginning Cash Balance July 1, 2020 $454,485,510
Less: 31 Day Disbursements (July 1, 2020 - July 31, 2020) (55,976,092)
Plus: Prior Year Reimbursements (July 1, 2020 - July 31, 2020) 1,842
Less: Prior Year Appropriations Forwarded (370,172,328)
Less: Cash Balance - Adjustments and Accruals (259,245)
Accumulated Surplus from FY 2020 @ July 31, 2020 $28,079,687
Less: Transfer to Revenue Shortfall Reserve Fund (Statutory) (14,039,843)
Less: FY 2020 Surplus Appropriation in FY 2021 Budget Bill
(Milton Flood Wall) (6,000,000)
Plus: FY 2021 Surplus Supplemental Appropriation -
(HB 2788) Expiration of State Excess Lottery Funds
to General Revenue Surplus (2020 Regular Session) 6,497,548
Plus: FY 2021 Surplus Supplemental Appropriation -
(HB 2804) Expiration from Special Revenue funds
to General Revenue Surplus 15,500,000
Plus: FY 2021 Surplus Supplemental Appropriation -
(HB 3297) Expiration from Veterans’ Prior Year Reappropriation
to General Revenue Surplus 550,000
Less: FY 2021 Surplus Supplemental Appropriation
(HB 2789 Public Defender) (2021 Regular Session) (20,000,000)
Less: FY 2021 Surplus Supplemental Appropriation
(HB 2803 Forestry) (2021 Regular Session) (1,000,000)
Less: FY 2021 Surplus Supplemental Appropriation
(HB 2802 Division of Emergency Management)
(2021 Regular Session) (650,000)
Less: FY 2021 Surplus Supplemental Appropriation
(HB 2895 Veterans’ Nursing Home) (2021 Regular Session) (8,500,000)
Less: FY 2021 Surplus Supplemental Appropriations
(HB 3297 Veterans’ Nursing Home) (2021 Regular Session) (550,000)
Less: Prior Year Reimbursements and adjustments
(August 1, 2020 - May 31, 2021) 159,151
Estimated Unappropriated Surplus Balance @ June 30, 2021 $46,543
Plus: FY 2021 Revenue Estimate as revised $4,724,514,000
Less: FY 2021 Appropriations (FY 2021 Budget Bill)
(2020 Regular Session) (4,574,513,367)
Less: Recommended: FY 2021 Supplemental
Appropriation to Highways
from General Revenue Unappropriated Balance (150,000,000)
Total Estimated Unappropriated Balance @ June 30, 2021 $633
Plus: FY 2022 Revenue Estimate $4,569,616,000
Less: FY 2022 Appropriations (FY 2022 Budget Bill)
(2021 Regular Session) (4,495,032,115)
Estimated Unappropriated Balance from FY 2022
Activity @ June 30, 2022 $74,583,885
Total Estimated Unappropriated Balance @ June 30, 2022 $74,631,061
The following amends and replaces the “FY 2021 Official Estimate – State Road Fund – Statement of Revenues by Source” which I submitted to you on February 10, 2021 as part of my Budget Document for the fiscal year ending June 30, 2021:
State Road Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2021 Official
Source of Revenue Estimate Revised
Gasoline and Motor Carrier Road Tax $ 440,000
Registration Fees 169,357
Registration Fee: Highway Litter Control 1,671
Sales (Privilege) Tax 276,500
Less Transfer to Industrial Access Road Fund (3,000)
Miscellaneous Income 1 235,000
Federal Reimbursement: 502,400
Total $ 1,621,928
1 For needed pothole repair and other highway maintenance.
State Road Fund
Statement of Revenues, Expenditures, and Changes in Cash Balance
(Nearest Dollar)
Cash and Investment Balance July 1, 2020 $ 50,082,516
Plus: Revenue Estimate - FY 2021 1,471,928,000
Plus: FY 2021 Revision to Revenue Estimate
(2021 1st Extraordinary Session) 150,000,000
Total Estimated Receipts and Balance: $ 1,672,010,516
Less: FY 2021 Appropriations (FY 2021 Budget Bill) –
Division of Highways (1,308,582,854)
Less: FY 2021 Appropriations (FY 2021 Budget Bill) –
Division of Motor Vehicles (46,077,719)
Less: FY 2021 Appropriations (FY 2021 Budget Bill) –
Office of Administrative Hearings (2,065,530)
Less: Claims Against the State Road Fund (FY 2021 Budget Bill) (844,164)
Less: FY 2021 Supplementary Appropriations
(2021 Regular Session) Division of Highway (85,067,146)
Less: FY 2021 Surplus Supplemental Appropriation -
(2021 Regular Session) Division of Motor Vehicles (6,054,000)
Estimated Unappropriated Balance @ June 30, 2021 $223,319,103
Plus: FY 2022 Revenue Estimate $1,417,700,000
Less: Recommended FY 2022 Appropriations
(FY 2022 Budget Bill) – Highways (1,305,650,000)
Less: Recommended FY 2022 Appropriations
(FY 2022 Budget Bill) - Motor Vehicles (46,077,719)
Less: Recommended FY 2022 Appropriations
(FY 2022 Budget Bill) –
Office of Administrative Hearings (45,000)
Less: Claims Against the State Road Fund
(FY 2022 Budget Bill) (850,000)
Less: FY 2022 Supplementary Appropriations
Division of Highways (2021 Regular Session) (74,067,146)
Less: FY 2022 Supplementary Appropriations
Division of Highways (2021 1st Extraordinary Session) (150,000,000)
Estimated Unappropriated Balance @ June 30, 2022 $64,329,238
Thank you for your cooperation in this matter.
Sincerely,
Jim Justice
Governor
Messages from the Senate
A message from the Senate, by
Senator Grady, on behalf of the committee from the Senate, announced that the Senate had assembled with a quorum present, and was ready to proceed with the business of this session.
Motions
Pursuant to House Rule 90, Delegate Summers moved that the Speaker be authorized to appoint a Select Committee on Redistricting consisting of not more than 24, to be appointed by the Speaker, and that nothwithstanding the provisions of any House Rule to the contrary, this Select Committee shall have jurisdiction of legislative proposals to divide the state into senatorial districts, to apportion delegate representation in the House of Delegates, to divide the state into districts for the election of representatives to Congress and related matters, and that the rules of the House governing Standing Committees shall govern the actions and proceedings of this Select Committee insofar as applicable.
On this question, the same was put, and the motion was adopted.
Bills Introduced
Pursuant to House Rule 92, bills were introduced, as follows:
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 101 - “A Bill making a supplementary appropriation by adding a new item of appropriation and increasing the expenditure of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Transportation, Division of Highways, fund 0620, fiscal year 2021, organization 0803, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2020, known as the budget bill for the fiscal year ending June 30, 2021.”
At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (H. B. 101) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Summers 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. 672), and there were—yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Lovejoy, Martin, Phillips, Rowan, Walker and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and 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 by the calling of the roll (Roll No. 673), and there were—yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Ferrell, Gearheart, J. Jeffries, Kimes and Longanacre.
Absent and Not Voting: Cooper, Martin, Walker and Westfall.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 101) passed.
Delegate Summers asked unanimous consent that the bill take effect from its passage and there were no objections.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 102 - “A Bill supplementing, amending and increasing an existing item of appropriation from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2022, organization 0803, for the fiscal year ending June 30, 2022.”
At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (H. B. 102) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Summers moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On this question, the Clerk proceeded to call the roll.
Delegate Steele arose to a point of order regarding enforcement of House Rule 26.
The Speaker stated the point was well taken and sustained the point of order.
The yeas and nays having been taken by the calling the roll (Roll No. 674), there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Martin, Walker and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and third reading.
The bill was then read a third time and put upon its passage.
On the question of passage of the bill, Delegate Summers asked unanimous consent to take a voice vote.
The Speaker stated that he had been advised by the Clerk that the House could not proceed in that manner and directed the Clerk to call the roll (Roll No. 675), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Martin, Walker and Westfall.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 102) passed.
Delegate Summers asked unanimous consent to make the bill effective from passage.
The Speaker stated that there must be a roll call and there being no objections, the roll call used on the passage of the bill was used for the effective date.
On that roll call (Roll No. 675), there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Martin, Walker and Westfall.
So, two thirds of the members elected having voted in the affirmative, the bill (H. B. 102) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
The Speaker then asked if there was objection to the roll call used on the passage of H. B. 101 being used to make the bill effective from passage.
There being no objections, the roll call used on the passage of the bill was used to make it effective from passage as follows:
On that roll call (Roll No. 673), there were—yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Ferrell, Gearheart, J. Jeffries, Kimes and Longanacre.
Absent and Not Voting: Cooper, Martin, Walker and Westfall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the bill (H. B. 101) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 1001 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2022, to the Department of Health and Human Resources, Division of Health – Substance Abuse Prevention and Treatment, fund 8793, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, Division of Health – Community Mental Health Services, fund 8794, fiscal year 2022, organization 0506; to Department of Health and Human Resources, Division of Human Services - Energy Assistance, fund 8755, fiscal year 2022, organization 0511; to the Department of Health and Human Resources, Division of Human Services – Temporary Assistance for Needy Families, fund 8816, fiscal year 2022, organization 0511; and to the Department of Health and Human Resources, Division of Human Services – Child Care and Development, fund 8817, fiscal year 2022, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2022.”
At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 1001) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Summers 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 by the calling of the roll (Roll No. 676), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Martin, Walker and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
On second reading, an incorrect bill number was stated but S. B. 1001 was the bill before the House for consideration.
There were no amendments and the bill was ordered to third reading.
The bill was read then a read a third time.
Delegate Steele moved to suspend Rule 42 to allow voting by acclamation by raising hands.
Delegate Summers arose to a point of order regarding a vote on a supplemental appropriation.
The Speaker stated he had been advised by the Clerk and the point was well taken and the motion was not in order.
The bill was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken by the calling of the roll (Roll No. 677), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Martin, Walker and Westfall.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1001) passed.
At the request of Delegate Summers, and by unanimous consent, the roll call used on passage of the bill was used to make it effective from passage.
On that roll call (Roll No. 677), there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Martin, Walker and Westfall.
So, two thirds of the members elected having voted in the affirmative, the bill (S. B. 1001) 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. 1002 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal monies remaining unappropriated for the fiscal year ending June 30, 2022, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 8723, fiscal year 2022, organization 0506; to the Department of Health and Human Resources, Division of Health – Central Office, fund 8802, fiscal year 2022, organization 0506; and to the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2022, organization 0511 by supplementing and amending the appropriations for the fiscal year ending June 30, 2022.”
At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 1002) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Summers 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 by the calling of the roll (Roll No. 678), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Martin, Skaff, Walker and Westfall.
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 then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken by the calling of the roll (Roll No. 679), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Martin, Skaff, Walker and Westfall.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1002) passed.
At the request of Delegate Summers, and by unanimous consent, the roll call used on passage of the bill was used to make it effective from passage.
On that roll call (Roll No. 679), there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Martin, Skaff, Walker and Westfall.
So, two thirds of the members elected having voted in the affirmative, the bill (S. B. 1002) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A messages from the Senate, by
Senators Grady, on behalf of the committee from the Senate, announced that the Senate had completed the business of this First Extraordinary Session and was ready to adjourn sine die.
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. 1003 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2021, to the Department of Education, State Board of Education – State Department of Education, fund 8712, fiscal year 2021, organization 0402; and to the Department of Education, State Board of Education – School Lunch Program, fund 8713, fiscal year 2021, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2021.”
At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 1003) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Summers 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 by the calling of the roll (Roll No. 680), and there were—yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Foster, Linville, Martin, Walker and Westfall.
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 by the calling of the roll (Roll No. 681), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Foster, Martin, Walker and Westfall.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1003) passed.
At the request of Delegate Summers, and by unanimous consent, the roll call used on passage of the bill was used to make it effective from passage.
On that roll call (Roll No. 681), there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Foster, Martin, Walker and Westfall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the bill (S. B. 1003) 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. 1004 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2022, to the Department of Education, State Board of Education – State Department of Education, fund 8712, fiscal year 2022, organization 0402; and to the Department of Education, State Board of Education – School Lunch Program, fund 8713, fiscal year 2022, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2022.”
At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 1004) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Summers 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 by the calling of the roll (Roll No. 682), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Foster, Martin, Walker and Westfall.
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 then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken by the calling of the roll (Roll No. 683), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Foster, Martin, Walker and Westfall.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1004) passed.
At the request of Delegate Summers, and by unanimous consent, the roll call used on passage of the bill was used to make it effective from passage.
On that roll call (Roll No. 683), there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Foster, Martin, Walker and Westfall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the bill (S. B. 1004) 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. 1007 - “A Bill to amend and reenact Chapter 46, Acts of the Legislature, Regular Session, 2021, as last amended and reenacted by Chapter 147, Acts of the Legislature, Regular Session, 2003, relating to exemptions of property in federal bankruptcy proceedings; allowing a debtor in bankruptcy to use the federal law exemptions under 11 U.S.C. §522(d); and updating the effective date.”
At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 1007) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Summers 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 by the calling of the roll (Roll No. 684), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Martin, Walker and Westfall.
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.
Delegate Summers asked and obtained unanimous consent that the House suspend Rule 42 that the passage of bills on third reading be done by roll call vote.
There being no objection, the bill was put upon its passage.
The question was put and the bill (S. B. 1007) passed.
At the request of Delegate Summers, and by unanimous consent, the roll call used on the suspension of the constitutional rule was used to make the bill effective from passage.
On that roll call (Roll No. 684), there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Cooper, Martin, Walker and Westfall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the bill (S. B. 1007) 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 Cooper, Martin, Walker and Westfall.
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 First Extraordinary Session of the 85th Legislature and was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of said committee the following:
Delegates Kessinger, J. Pack and Pethtel.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2021, a bill of the House of Delegates as follows:
H. B. 101, Making supplementary appropriation to the Division of Highways.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2021, a bill of the House of Delegates as follows:
H. B. 102, Supplementing, amending and increasing an existing item to the Department of Transportation.
Committee Reports
In accordance with House Rule 68, Delegate D. Jeffries, Chair of the Joint Committee on Enrolled Bills, filed the following reports with the Clerk:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 8th day of June, 2021, 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:
H. B. 101, Making supplementary appropriation to the Division of Highways,
And,
H. B. 102, Supplementing, amending and increasing an existing item to the Department of Transportation.
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 8th day of June, 2021, 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. 1001, Making supplemental appropriations to DHHR for federal block grant moneys,
S. B. 1002, Making supplemental appropriations to Department of Health and Human Resources,
S. B. 1003, Making supplemental appropriations to State Board of Education,
S. B. 1004, Making supplemental appropriations for fiscal year 2022 to Department of Education,
And,
S. B. 1007, Relating to exemptions of property in federal bankruptcy proceedings.
Messages from the Executive
Subsequent to the adjournment of the session, a communication was received from His Excellency, the Governor, advising that on June 11, 2021, he approved H. B. 101, H. B. 102, S. B. 1001, S. B. 1002, S. B. 1003, S. B. 1004 and S. B. 1007.
Miscellaneous Business
Delegate Rowan, who was appointed to the Committee to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session, noted to the Clerk that she was absent when the vote was taken to suspend the Constitutional Rule for H. B. 101, and had she been present, she would have voted “Yea” thereon.
At 2:43 p.m., on motion of Delegate Summers, the House of Delegates adjourned sine die.
____________________
We hereby certify that the forgoing record of the proceedings of the House of Delegates, First Extraordinary Session, 2021, is the Official Journal of the House of Delegates for said session.
_____________________________
Roger Hanshaw
Speaker of the House of Delegates _____________________________
Stephen J. Harrison
Clerk of the House of Delegates
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470