____________________

 

Wednesday, October 13, 2021

THIRD DAY

[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]

      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 Tuesday, October 12, 2021, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Messages from the Executive

      Proclamations of His Excellency, the Governor, amending the Proclamation 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 AMEND the proclamation dated October 8, 2021, calling the West Virginia Legislature to convene in Extraordinary Session on Monday, October 11, 2021, in its chambers in the State Capitol, the City of Charleston, as follows:

1.     By adding items thirty-five and thirty-six as follows:

 

THIRTY-FIFTH: To supplement and amend the appropriations 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 Homeland Security, Division of Justice and Community Services, fund 0546, fiscal year 2022, organization 0623, by supplementing and amending the appropriation for Current Expenses, appropriation 13000, in the amount of $4,000,000, for the fiscal year ending June 30, 2022.

 

THIRTY-SIXTH: To amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated § 16-3-4b, relating to required exemptions to compulsory immunization against COVID-19 as a condition of employment; to provide that, (a) a covered employer, as defined in the section, that requires as a condition of continued employment or as a condition of hiring an individual for employment that such person receive a COVID-19 immunization or present documentation of immunization from COVID-19, shall exempt current or prospective employees from such immunization requirements upon the presentation of one of the following certifications: (1) a certification presented to the covered employer, signed by a physician licensed pursuant to the provisions of § 30-3-1 et seq. or § 30-14-1 et seq. of the code or an advanced practice registered nurse licensed pursuant to the provisions of § 30-7-1 et seq. of the code, who has conducted an in-person examination of the employee or prospective employee, stating that the physical condition of the current or prospective employee is such that a COVID-19 immunization is contraindicated, there exists a specific precaution to the mandated vaccine, or the current or prospective employee has developed COVID-19 antibodies from being exposed to the COVID-19 virus or suffered from and has recovered from the COVID-19 virus, or (2) a notarized certification executed by the employee or prospective employee that is presented to the covered employer by the current or prospective employee that he or she has religious beliefs that prevent the current or prospective employee from taking the COVID-19 immunization; to provide that, (b) a covered employer shall not be permitted to penalize or discriminate against current or prospective employees for exercising exemption rights provided in this section by practices including, but not limited to, benefits decisions, hiring, firing, or withholding bonuses, pay raises, or promotions; to provide that, (c) as used in this section, the following terms shall have the following meanings: (1) “covered employer” shall mean: (A) the State of West Virginia, including any department, division, agency, bureau, board, commission, office or authority thereof, any political subdivision of the State of West Virginia including, but not limited to, any county, municipality or school district, that has employees, or (B) a business entity, including without limitation any individual, firm, partnership, joint venture, association, corporation, company, estate, trust, business trust, receiver, syndicate, club, society, or other group or combination acting as a unit, engaged in any business activity in this state, including for-profit or not-for-profit activity, that has employees, (2) “COVID-19” shall mean the respiratory disease caused by a novel coronavirus known as COVID-19, (3) “Immunization” shall mean any federally authorized immunization for COVID-19, whether fully approved or approved under an emergency use authorization; to provide that, (d) any person or entity harmed by a violation of this section may seek injunctive relief in a court of competent jurisdiction; to provide that, (e) the provisions of this section shall become effective immediately.

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 Twelfth day of October, in the Year of our Lord, Two Thousand Twenty-One, and in the One Hundred Fifty-Ninth Year of the State.

James Justice,

   Governor.

 

By the Governor

Mac Warner,

Secretary of State.

 

STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

Charleston

A PROCLAMATION

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 October 8, 2021, calling the West Virginia Legislature to convene in Extraordinary Session on Monday, October 11, 2021, in its chambers in the State Capitol, the City of Charleston, as follows:

2.     By deleting the Thirty-First item in its entirety and replacing it with the following:

 

THIRTY-FIRST: To amend and reenact §§ 16-2-2, 16-2-11, and 16-2-13 of the Code of West Virginia, 1931, as amended, all relating to the role of local county commissions or appointing entities as to rules of local health boards; by amending § 16-2-2 to provide that “enforcement activity” means the implementation or enforcement of applicable state rules, local rules, and local health department rules, to provide that “enhanced public health services” means services that focus on health promotion activities to address a major health problem in a community, are targeted to a particular population and assist individuals in this population to access the health care system, such as lead and radon abatement for indoor air quality and positive pregnancy tracking, and that enhanced public health services are services a local health department may offer, to provide that “health order” means an order issued by the local health officer or local health board to protect the public health of the citizens by directing an individual or a discreet group of individuals to take a specific action to protect the health of the public or stop the spread of a communicable disease, to provide that “imminent public health emergency” means any immediate acute threat, hazard, or danger to the health of the population of the jurisdiction, whether specific or general, whether or not officially declared, to provide that “guidance” means providing advice to a person, the public, a business, school board, or governmental entity regarding a public health issue or matter, and that guidance is not a health order, to provide that “local health department rule” means a rule issued by the local board of health that has been approved by the appointing authority, a rule issued by the local board of health that was adopted prior to March 4, 2021, or a rule issued by the local board of health that may immediately go into effect because of an imminent public health emergency under the provisions of §16-2-11(b)(3)(H) of the code, to provide that “local rule” means an order adopted by a county commission or an ordinance adopted by a city that properly directs the local health department to implement or enforce the order or ordinance, to provide that “state rule” means a state statute, a legislative rule promulgated by a state agency, or an order of the secretary relating to public health that is to be enforced by the local health department; to provide, by amending § 16-2-11(b)(3)(A), that a local board of health may adopt and promulgate and from time to time amend local health department rules consistent with state rules that are necessary and proper for the protection of the general health of the service area and the prevention of the introduction, propagation, and spread of disease; to provide, by amending § 16-2-11(b)(3)(B), that the commissioner shall establish a procedure by which adverse determinations by local health departments may be appealed, unless otherwise provided for, for the purpose of ensuring a consistent interpretation of state rules; to provide, by amending § 16-2-11(b)(3)(C) that when local health department rules are adopted, promulgated, or amended, the local board of health shall place notice in the State Register and on their organization’s web page setting forth a notice of proposed action, including the text of the new local health department rule or the amendment and the date, time, and place for receipt of public comment; to provide, by amending § 16-2-11(b)(3)(D), that all local health department rules shall be approved, disapproved, or amended and approved by the county commission or appointing authority within 30 days of approval from the local board of health, and any local health department rule on which the appointing authority has taken no action within 30 days shall be void; to provide, by amending § 16-2-11(b)(3)(E), that all local health department rules of a combined local board of health shall be approved, disapproved, or amended and approved by each appointing authority within 30 days of approval from the combined local board of health. If one appointing authority approves and another other does not approve a local health department rule from a combined local board health department, the local health department rule is only in effect in the jurisdiction of the appointing authority which approved the local health department rule; to provide, by amending § 16-2-11(b)(3)(F), that an approved local health department rule shall be filed with the clerk of the county commission or the clerk or the recorder of the municipality, or both, and shall be kept by the clerk or recording officer in a separate book as public records; to provide, by amending § 16-2-11(b)(3)(G), that a local health department rule currently in effect on March 4, 2021, is not subject to approval, unless amended, from the county commission or appointing authority; to provide, by amending § 16-2-11(b)(3)(H), that if there is an imminent public health emergency, approval of the county commission or appointing authority is not necessary before the local health department rule goes into effect but shall be approved or disapproved by the county commission or appointing authority within 30 days after the local health department rules are effective, and any rule on which the appointing authority has taken no action within 30 days shall be void; to provide, by amending § 16-2-13(a), that a local health officer serves as the executive officer of the local board and under its supervision, a local health officer shall administer and enforce state rules, local rules, and local health department rules within the local board of health’s service area; and by amending § 16-2-13 by adding thereto new subsections designated (c), (d), and (e), to provide that a local health officer shall perform enforcement activity, that a local health officer may issue guidance, and that a local health officer may issue an order, respectively. 

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 Thirteenth day of October, in the Year of our Lord, Two Thousand Twenty-One, and in the One Hundred Fifty-Ninth year of the State.

James Justice,

   Governor.

 

By the Governor

Mac Warner,

Secretary of State.



Bills Introduced

Bills were introduced, pursuant to House Rule 92, and severally referred as follows:

By Delegate Summers

      [By Request of the Executive]:

H. B. 335 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4b, relating to COVID-19 immunizations requirements for employment in the public and private sectors; providing for exemptions; setting forth a process and an exemption for medical contraindications; setting forth a process and an exemption for those with religious beliefs that prevent an employee or prospective employee from taking a COVID-19 vaccine; prohibiting discrimination for exercising an exemption; defining terms; providing for injunctive relief in the event of a violation of the section; and setting forth an effective date”; to the Committee on Government Organization.

By Delegates Hanshaw (Mr. Speaker) and Skaff

      [By Request of the Executive]:

H. B. 336 - “A Bill supplementing and amending the appropriations 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 Homeland Security, Division of Justice and Community Services, fund 0546, fiscal year 2022, organization 0623, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2021, known as the budget bill for the fiscal year ending June 30, 2022”; to the Committee on Finance.

Special Calendar

Third Reading

H. B. 301, Reapportioning House of Delegates Districts; on third reading, coming up in regular order, with amendments pending and the general right to amend, was reported by the Clerk.

The Clerk reported an amendment, offered by Delegate Zukoff and submitted as the following map:

Diagram

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On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 752), and there were—yeas 25, nays 73, absent and not voting 2, with the yeas and the absent and not voting being as follows:

Yeas: Anderson, Barach, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, McGeehan, Pethtel, Pushkin, Rowe, Skaff, Storch, Thompson, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Capito and Pack.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

The Clerk reported an amendment, offered by Delegate Hornbuckle and submitted as the following map:

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On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 753), and there were—yeas 22, nays 76, absent and not voting 2, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Capito and Pack.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

The Clerk reported an amendment, offered by Delegate Doyle and submitted as the following map:

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On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 754), and there were—yeas 22, nays 76, absent and not voting 2, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Capito and Pack.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

 

 

Map

Description automatically generatedThe Clerk reported an amendment, offered by Delegates Barach and Pushkin and submitted as the following map:

 

 

 

 

 

 

 

 

 

 

 

On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 755), and there were—yeas 22, nays 76, absent and not voting 2, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Capito and Pack.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

The Clerk reported an amendment, offered by Delegates Fleischauer and Barach and submitted as the following map:

 

 

 

 

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On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 756), and there were—yeas 20, nays 78, absent and not voting 2, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hornbuckle, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Capito and Pack.

So, a majority of the members present not having voted in the affirmative, the amendment was rejected.

Map

Description automatically generatedThe Clerk reported an amendment, offered by Delegate Young and submitted as the following map:

 

 

 

 

 

 

 

 

The question being on the adoption of the amendment, the same was put and did not prevail.

There being no further amendments, and having been engrossed, the bill was read a third time.

The question being on the adoption of the amendment, the same was put and did not prevail.

There being no further amendments, and having been engrossed, the bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 757), and there were—yeas 79, nays 20, absent and not voting 1, with the nays and the absent and not voting being as follows:

Nays: Barach, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Griffith, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Walker, Williams, Worrell, Young and Zukoff.

Absent and Not Voting: Pack.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 301) passed.

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

Com. Sub. for H. B. 334, Updating provisions establishing the Intermediate Court of Appeals; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 758), and there were—yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Hanna and Pack.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 334) passed.

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

Second Reading

H. B. 302, Reapportioning Congressional Districts; on second reading, coming up in regular order, was read a second time.

At the request of Delegate Summers, and by unanimous consent, the bill was advanced to third reading with amendments pending, and the rule was suspended to permit the offering and consideration of amendments on that reading.

H. B. 303, Making supplemental appropriation of federal funds to Bureau of Senior Services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 304, Making supplemental appropriation of federal funds to Division of Human Services Energy Assistance Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 305, Expiring funds to unappropriated surplus balance from Consumer Protection Recovery Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 306, Making supplemental appropriation of federal funds to Department of Agriculture; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 307, Making supplemental appropriation of federal funds to the Division of Culture and History; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 308, Making supplemental appropriation of federal funds to Community Mental Health Services fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 309, Making supplemental appropriation of federal funds to Consolidated Medical Services Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 310, Making supplemental appropriation of federal funds to Division of Health Central Office Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 311, Making supplemental appropriation of federal funds to Division of Human Services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 312, Making supplemental appropriation of federal funds to Division of Health - Substance Abuse Prevention and Treatment; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 313, Making supplemental appropriation of federal funds to Educational Broadcasting Authority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 314, Making supplemental appropriation of federal funds to Library Commission; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 315, Making supplemental appropriation of federal funds to Department of Veterans Assistance; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 316, Making supplemental appropriation of federal funds to Department of Veterans Assistance - Veterans Home; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 317, Making supplemental appropriation of federal funds to Commission for National and Community Service; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 318, Making supplemental appropriation to Division of Culture and History; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 319, Making supplemental appropriation to Department of Economic Development; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 320, Making supplemental appropriation to State Department of Education; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 321, Making supplemental appropriation to Governor’s Office Civil Contingent Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 322, Making supplemental appropriation to Division of Personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 323, Making supplemental appropriation to Department of Transportation Public Port Authority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 324, Making supplemental appropriation to Department of Transportation Office of Administrative Hearings; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 325, Making supplemental appropriation to Special Railroad and Intermodal Enhancement Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 326, Supplementing and amending the Budget Bill; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 327, Clarifying the manner in which an application fee is to be paid for a West Virginia resident to a obtain state license to carry a concealed deadly weapon; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

 H. B. 328, Relating generally to the West Virginia ABLE Act; on second reading, coming up in regular order, was read a second time.

On motion of Delegates Householder, Foster, Rowe and Fleischauer, the bill was amended on page four, section four, beginning on line twenty-five, following the words “of this code”, by striking out the comma and the words “including emergency rules, if”.

The bill was then ordered to engrossment and third reading.

H. B. 329, Exempting from consumer sales and service tax the sale of aircraft sold in this state and registered in another state and removed from this state within 60 days; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 330, Relating to establishing Medal of Valor for emergency medical service personnel, firefighters, and law-enforcement officers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 332, Relating to the statutory salary of the Director of Lottery Commission; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 333, Creating the Court Facilities Maintenance Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate Rowe arose to a point of order regarding the constitutionality of amended Proclamations from the Governor.   The Speaker replied that the prior practice of the House has been to observe the right of the Governor to issue an amended call and ruled that the point was not well taken.

      At 1:55 p.m., on motion of Delegate Summers, the House of Delegates recessed until 3:30 p.m.

* * * * * * *

Afternoon Session

* * * * * * *

      The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.

      At the request of Delegate Summers, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 336, Supplementing and amending appropriations to the Department of Homeland Security, Division of Justice and Community Services,

And reports the same back with the recommendation that it do pass.

At the respective requests of Delegate Summers, and by unanimous consent, the bill (H. B. 336) 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. 759), 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: Foster, Hamrick, Pack, Riley 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 engrossment and third reading. Having been engrossed, the bill was read a third time and put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 760), 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: Hamrick, Pack, Riley 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. 336) passed.

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

On this question, the yeas and nays were taken (Roll No. 761), 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: Hamrick, Pack, Riley and Westfall.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 336) 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.

Delegate Steele, Chair of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 335, Relating to COVID-19 immunizations requirements for employment in the public and private sectors,

And reports the same back with the recommendation that it do pass.

Delegate Zukoff moved that the bill be committed to the Committee on Health and Human Resources.

On this motion, the yeas and nays were demanded which demand was sustained.

On this question, the yeas and nays were taken (Roll No. 762), and there were—yeas 23, nays 74, absent and not voting 3, with the yeas and the absent and not voting being as follows:

Yeas: Barach, Bates, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.

Absent and Not Voting: Pack, Riley and Westfall.

So, a majority of the members present not having voted in the affirmative, the motion was rejected.

At the respective requests of Delegate Summers, and by unanimous consent, the bill (H. B. 335) was taken up for immediate consideration, read a first time and ordered to second reading.

 

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. 3001 - “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 Bureau of Senior Services, Bureau of Senior Services, fund 8724, fiscal year 2022, organization 0508, by supplementing, amending, and adding a new item of appropriation for the fiscal year ending June 30, 2022.”

Delegate Summers obtained unanimous consent for the bills on Messages from the Senate to be taken up for immediate consideration, committee references to be dispensed with, and for the bills to be read a first time.

At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 3001) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3002 - “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 Human Services – Energy Assistance, fund 8755, 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. 3002) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3003 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2022, in the amount of $2,000,000 from the Attorney General, Consumer Protection Recovery Fund, fund 1509, fiscal year 2022, organization 1500, 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. 3003) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3004 - “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 Agriculture, fund 8736, fiscal year 2022, organization 1400, by supplementing, amending, and adding a new item of appropriation 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. 3004) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3005 - “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 Arts, Culture, and History, Division of Culture and History, fund 8718, fiscal year 2022, organization 0432, by supplementing, amending, and adding a new item of appropriation 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. 3005) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3006 - “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 – Community Mental Health Services, fund 8794, fiscal year 2022, organization 0506, 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. 3006) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3007 - “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, Consolidated Medical Service Fund, fund 8723, fiscal year 2022, organization 0506, 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. 3007) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3008 - “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 - Central Office fund 8802, fiscal year 2022, organization 0506, 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. 3008) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3009 - “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 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. 3009) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3010 - “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, 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. 3010) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3011 - “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 Arts, Culture, and History, Educational Broadcasting Authority, fund 8721, fiscal year 2022, organization 0439, by supplementing, amending, and adding a new item of appropriation 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. 3011) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3012 - “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 Arts, Culture, and History, Library Commission, fund 8720, fiscal year 2022, organization 0433, by supplementing, amending, and adding a new item of appropriation 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. 3012) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3013 - “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 Veterans’ Assistance, Department of Veterans’ Assistance, fund 8858, fiscal year 2022, organization 0613, by supplementing, amending, and adding a new item of appropriation 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. 3013) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3014 - “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 Veterans’ Assistance – Veterans’ Home, fund 8728, fiscal year 2022, organization 0618, by supplementing, amending, and adding a new item of appropriation 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. 3014) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3015 - “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 Arts, Culture, and History, Commission for National and Community Service, fund 8841, fiscal year 2022, organization 0432, by supplementing, amending, and adding a new item of appropriation 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. 3015) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3016 - “A Bill supplementing and amending the appropriations 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 Arts, Culture, and History, Division of Culture and History, fund 0293, fiscal year 2022, organization 0432, 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. 3016) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3017 - “A Bill supplementing and amending the appropriations 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 Economic Development, Department of Economic Development – Office of the Secretary, fund 0256, fiscal year 2022, organization 0307, 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.  3017) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3018 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, by adding a new item of appropriation and increasing the expenditure, to the Department of Education, State Board of Education, State Department of Education, fund 0313, fiscal year 2022, organization 0402, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2021, known as the Budget Bill, 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.  3018) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3019 - “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 Executive, Governor’s Office – Civil Contingent Fund, fund 0105, fiscal year 2022, organization 0100, 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. 3019) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3020 - “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 Administration, Division of Personnel, fund 0206, fiscal year 2022, organization 0222, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2021, known as the Budget Bill, 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. 3020) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3021 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2022, to the Department of Transportation, Public Port Authority, Special Railroad and Intermodal Enhancement Fund, fund 8254, fiscal year 2022, organization 0806, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2021, known as the Budget Bill, 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. 3021) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3022 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2022, to the Department of Transportation, Office of Administrative Hearings, fund 9027, fiscal year 2022, organization 0808, 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. 3022) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3023 - “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, Public Port Authority, fund 0581, fiscal year 2022, organization 0806, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2021, known as the Budget Bill, 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. 3023) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3024 - “A Bill supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2021, known as the Budget Bill, by supplementing and amending appropriations in Title II, Section 12, 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. 3024) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3025 - “A Bill to amend and reenact §16-48-3, §16-48-4, and §16-48-6 of the Code of West Virginia, 1931, as amended, all relating generally to the West Virginia ABLE Act; defining terms; authorizing the State Treasurer to promulgate emergency rules; permitting a person with signature authority, according to federal law, to open and manage an account on behalf of a designated beneficiary; and clarifying that the State Treasurer may require an application to open an ABLE account.”

At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 3025) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3027 - “A Bill to repeal §29-32-3 and §29-32-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-32-1, §29-32-2, and §29-32-5 of said code, all relating to establishing Medal of Valor for emergency medical service personnel, firefighters, and law-enforcement officers; establishing Medal of Valor and criteria; establishing First Responders Honor Board within Department of Homeland Security; defining persons whom board may recommend to receive Medal of Valor; establishing criteria for board  membership; setting term of board membership; requiring board meet at least annually and provide notice thereof; providing for election of board chair and defining quorum; and requiring nominations for Medal of Valor be submitted by the first day of next regular session of Legislature.”

At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 3027) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3028 - “A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to the statutory salary of the Director of the West Virginia Lottery Commission.”

At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 3028) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3029 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-23, relating to the creation and use of a Court Facilities Maintenance Fund.”

At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 3029) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3031 - “A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to taxation of the sale of certain aircraft; exempting from consumer sales and service tax the sale of aircraft sold in this state and registered in another state and removed from this state within 60 days; and providing conditions of exemption.”

At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 3031) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3032 - “A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to clarifying the manner in which an application fee is to be paid for a West Virginia resident to obtain a state license to carry a concealed deadly weapon; raising the fee to $50; requiring half of the application fee collected be deposited into the State Treasury and credited to the account of the State Police; and excluding honorably discharged, resident veterans of the reserve and National Guard from payment of the application fee.”

At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 3032) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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. 3033 - “A Bill to amend and reenact §1-2-3 of the Code of West Virginia, 1931, as amended, relating to the composition of congressional districts; and providing for congressional districts.”

At the respective requests of Delegate Summers, and by unanimous consent, reference of the bill (S. B. 3033) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Leaves of Absence

At the request of Delegate Summers, and by unanimous consent, leave of absence for the day was granted Delegate Pack.

Miscellaneous Business

Pursuant to House Rule 132, consent was obtained to print the following in the Appendix to the Journal:

-  Delegate Pethtel regarding H. B. 301

At 4:50 p.m., the House of Delegates adjourned until 10:00 a.m., Thursday, October 14, 2021.

 

HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

Building 1, Room M-212

1900 Kanawha Blvd., East

Charleston, WV 25305-0470