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Thursday, October 14, 2021
FOURTH 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 Wednesday, October 13, 2021, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Special Calendar
Third Reading
H. B. 302, Reapportioning Congressional Districts; on third reading, coming up in regular order was reported by the Clerk.
At the request of Delegate Summers, and by unanimous consent, all bills currently on third reading (H. B. 302, H. B. 303, H. B. 304, H. B. 305, H. B. 306, H. B. 307, H. B. 308, H. B. 309, H. B. 310, H. B. 311, H. B. 312, H. B. 313, H. B. 314, H. B. 315, H. B. 316, H. B. 317, H. B. 318, H. B. 319, H. B. 320, H. B. 321, H. B. 322, H. B. 323, H. B. 324, H. B. 325, H. B. 326, Com. Sub. for H. B. 327, H. B. 328, H. B. 329, H. B. 330, Com. Sub. for H. B. 332 and H. B. 333) were postponed one day.
Second Reading
S. B. 3001, 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 third 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. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 764), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3001) passed.
Delegate Summers asked unanimous consent that the roll call (Roll No. 763) used to dispense with the constitutional rule requiring S. B. 3001 to be fully and distinctly read on three different days be made applicable to all bills on second reading except H. B. 335.
In the absence of objection, Delegate Summers reformed her request to also exclude S. B. 3018.
There being no objection, Roll No. 763 was used to dispense with the constitutional rule requiring bills to be fully and distinctly read on three different days for all bills on second reading except H. B. 335 and S. B. 3018.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 765), 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: Brown, Graves, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3001) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3002, Making supplemental appropriation of federal funds to DHS, Energy Assistance; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 766), and there were—yeas 94, nays 1, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries.
Absent and Not Voting: Brown, Graves, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3002) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 767), 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: Brown, Graves, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3002) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3003, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 768), 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: Brown, Graves, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3003) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 769), 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: Brown, Graves, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3003) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3004, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 770), 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: Brown, Graves, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3004) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 771), 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: Brown, Graves, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3004) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3005, Making supplemental appropriation of federal funds to Division of Culture and History; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 772), and there were—yeas 91, nays 4, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries, Kimes, Longanacre and Paynter.
Absent and Not Voting: Brown, Graves, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3005) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 773), 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: Brown, Graves, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3005) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3006, Making supplemental appropriation of federal funds to Community Mental Health Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 774), 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: Brown, Graves, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3006) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 775), 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: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3006) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3007, Making supplemental appropriation of federal funds to Consolidated Medical Service Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 776), and there were—yeas 95, nays 1, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Longanacre.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3007) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 777), 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: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3007) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3008, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 778), and there were—yeas 93, nays 2, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries and Longanacre.
Absent and Not Voting: Brown, Griffith, Pack, Statler and Worrell.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3008) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 779), 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: Brown, Griffith, Pack, Statler and Worrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3008) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3009, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 780), and there were—yeas 92, nays 4, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries, Linville, Longanacre and Paynter.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3009) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 781), and there were—yeas 95, nays 1, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Paynter.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3009) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3010, 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 third reading
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 782), and there were—yeas 95, nays 1, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3010) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 783), 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: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3010) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3011, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 784), and there were—yeas 87, nays 9, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Cooper, Foster, J. Jeffries, Kimes, Longanacre, Mandt, Martin, Paynter and Pritt.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3011) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 785), and there were—yeas 93, nays 2, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Fast and Mandt.
Absent and Not Voting: Brown, Griffith, Howell, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3011) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3012, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 786), and there were—yeas 94, nays 1, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Longanacre.
Absent and Not Voting: Brown, Griffith, Howell, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3012) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 787), 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: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3012) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3013, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 788), 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: Brown, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3013) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 789), 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: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3013) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3014, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 790), 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: Brown, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3014) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 791), and there were—yeas 95, nays 1, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Forsht.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3014) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3015, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 792), and there were—yeas 93, nays 3, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries, Longanacre and McGeehan.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3015) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 793), and there were—yeas 95, nays 1, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3015) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3016, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 794), and there were—yeas 90, nays 6, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries, Kimes, Longanacre, McGeehan, Paynter and Pritt.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3016) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 795), 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: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3016) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3017, Making supplemental appropriation to Department of Economic Development, Office of Secretary; on second reading, coming up in regular order, was read a second time and ordered to third reading
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 796), and there were—yeas 89, nays 6, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Dean, J. Jeffries, Kimes, Longanacre, McGeehan and Pritt.
Absent and Not Voting: Brown, Griffith, Pack, Statler and Worrell.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3017) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 797), and there were—yeas 94, nays 1, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Brown, Griffith, Pack, Statler and Worrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3017) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3018, Making supplemental appropriation to State Department of Education; on second reading, coming up in regular order, was read a second time.
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. 798), and there were—yeas 74, nays 20, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: Barach, Boggs, Doyle, Evans, Fleischauer, Fluharty, Garcia, Hansen, Hornbuckle, Longanacre, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Brown, Griffith, Maynard, Pack, Statler and Worrell.
So, four fifths of the members present not having voted in the affirmative, the motion to dispense with the constitutional rule was rejected.
The bill was ordered to third reading.
S. B. 3019, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 799), and there were—yeas 86, nays 8, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: Bruce, Conley, Foster, Kimes, Longanacre, McGeehan, Paynter and Pritt.
Absent and Not Voting: Brown, Griffith, Maynard, Pack, Statler and Worrell.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3019) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 800), and there were—yeas 91, nays 2, absent and not voting 7, with the nays and the absent and not voting being as follows:
Nays: Kimes and McGeehan.
Absent and Not Voting: Brown, Griffith, Maynard, Pack, Statler, Williams and Worrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3019) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3020, Making supplemental appropriation to Division of Personnel; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 801), and there were—yeas 87, nays 7, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: Burkhammer, Gearheart, J. Jeffries, Kimes, Longanacre, McGeehan and Pritt.
Absent and Not Voting: Brown, Griffith, Maynard, Pack, Statler and Worrell.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3020) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 802), and there were—yeas 93, nays 1, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Brown, Griffith, Maynard, Pack, Statler and Worrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3020) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3021, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 803), and there were—yeas 91, nays 3, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries, Kimes and Longanacre.
Absent and Not Voting: Brown, Griffith, Maynard, Pack, Statler and Worrell.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3021) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 804), 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: Brown, Griffith, Maynard, Pack, Statler and Worrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3021) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3022, Making supplemental appropriation to DOT, Office of Administrative Hearings; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 805), and there were—yeas 89, nays 5, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries, Kimes, Longanacre, Paynter and Pritt.
Absent and Not Voting: Brown, Griffith, Maynard, Pack, Statler and Worrell.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3022) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 806), 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: Brown, Griffith, Maynard, Pack, Statler and Worrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3022) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3023, Making supplemental appropriation to DOT, Public Port Authority; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 807), and there were—yeas 88, nays 7, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Bruce, J. Jeffries, Kimes, Longanacre, Paynter, Pritt and Young.
Absent and Not Voting: Brown, Griffith, Pack, Statler and Worrell.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3023) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 808), 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: Brown, Griffith, Pack, Statler and Worrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3023) 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.
S. B. 3024, Supplementing and amending Title II, section 12, Budget Bill, for fiscal year ending June 30, 2022; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 809), 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: Brown, Griffith, Pack, Statler and Worrell.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3024) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 810), 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: Brown, Griffith, Pack, Statler and Worrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3024) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3025, Relating generally to WV ABLE Act; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Householder, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 811), and there were—yeas 94, nays 1, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Brown, Griffith, Pack, Statler and Worrell.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 3025) passed.
On motion of Delegate Householder, the title of the bill was amended to read as follows:
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; 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.”
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 812), 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: Brown, Griffith, Longanacre, Pack, Statler and Worrell.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3025) 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.
S. B. 3027, 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 third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 813), 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: Brown, Doyle, Griffith, Pack, Reed and Statler.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 3027) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 814), 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: Brown, Doyle, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3027) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3028, Relating to statutory salary of Director of Lottery Commission; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 815), and there were—yeas 61, nays 34, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Barach, Barnhart, Bridges, Bruce, Burkhammer, Conley, Doyle, Evans, Fast, Ferrell, Hanna, Hansen, Horst, D. Jeffries, J. Jeffries, Jennings, Keaton, Kimble, Kimes, Linville, Longanacre, Mandt, Paynter, Pinson, Pritt, Pushkin, Reynolds, Thompson, Toney, Walker, G. Ward, Worrell, Young and Zukoff.
Absent and Not Voting: Brown, Griffith, Pack, Skaff and Statler.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 3028) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 816), and there were—yeas 85, nays 9, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: Conley, Doyle, Fast, Kimble, McGeehan, Paynter, Pritt, Thompson and G. Ward.
Absent and Not Voting: Brown, Griffith, Pack, Riley, Skaff and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3028) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3029, Creating Court Facilities Maintenance Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 817), and there were—yeas 88, nays 6, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries, Kimes, Longanacre, Martin, McGeehan and Paynter.
Absent and Not Voting: Brown, Conley, Griffith, Pack, Skaff and Statler.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 3029) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 818), and there were—yeas 92, nays 1, absent and not voting 7, with the nays and the absent and not voting being as follows:
Nays: Paynter.
Absent and Not Voting: Brown, Conley, Griffith, Kessinger, Pack, Skaff and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3029) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3031, Exempting sale of certain aircraft from consumers sales and service tax; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 819), and there were—yeas 71, nays 23, absent and not voting 6, with the nays and the absent and not voting being as follows:
Nays: Barach, Boggs, Bruce, Diserio, Doyle, Evans, Fast, Fleischauer, Fluharty, Garcia, Hansen, Higginbotham, Hornbuckle, J. Jeffries, Lovejoy, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Brown, Conley, Dean, Griffith, Pack and Statler.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 3031) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 820), and there were—yeas 80, nays 15, absent and not voting 5, with the nays and the absent and not voting being as follows:
Nays: Barach, Boggs, Evans, Fluharty, Garcia, Hansen, Higginbotham, J. Jeffries, Pushkin, Skaff, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Brown, Conley, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3031) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3032, Relating to application fees for license to carry concealed deadly weapon; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 821), 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: Brown, Griffith, Pack and Statler.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 3032) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 822), 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: Brown, Griffith, Pack and Statler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3032) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 3033, Relating to composition of congressional districts; on second reading, coming up in regular order, was read a second time.
An amendment, offered by Delegate J. Kelly, was reported by the Clerk.
Whereupon,
Delegate J. Kelly obtained unanimous consent to withdraw the amendment.
The bill was then ordered to third reading.
Pursuant to the consent granted earlier, Roll No. 763 was used to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.
On that roll call, the yeas and nays were taken (Roll No. 763), 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: Bates, Brown, Graves, Griffith, Pack and Statler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 823), and there were—yeas 84, nays 12, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Barach, Boggs, Diserio, Fleischauer, Fluharty, Hansen, Hornbuckle, Pushkin, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 3033) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. B. 335, Relating to COVID-19 immunizations requirements for employment in the public and private sectors; on second reading, coming up in regular order, was read a second time.
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. 824), and there were—yeas 75, nays 21, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Barach, Boggs, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Reed, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Brown, Griffith, Pack and Statler.
So, four fifths of the members present not having voted in the affirmative, the motion to dispense with the constitutional rule was rejected.
The bill was then ordered to engrossment and third reading.
At 11:46 a.m., the House of Delegates recessed until 1:00 p.m.
* * * * * * * *
Afternoon Session
* * * * * * * *
The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 3026 - “A Bill 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 local boards of health; defining terms including ‘enforcement activity’, ‘enhanced public health services’, ‘guidance’, ‘health order’, ‘local health department rule’, ‘local rule’, and ‘state rule’; clarifying the authority of local health departments to adopt and promulgate local health department rules; requiring that local health department rules not acted upon by a county commission or appointing authority within 30 days of their issuance become void; exempting from the aforementioned 30-day provision local health department rules in effect on or before March 4, 2021, clarifying that a local health department rule issued in response to an imminent public health emergency may have immediate force and effect subject to the provisions of law related to review and longevity of local health department rules; clarifying that orders of the Secretary of the Department of Health and Human Resources related to public health are state rules for enforcement purposes; clarifying that local health officers have the authority to enforce state rules, local rules, and local health department rules; and clarifying local health officers’ authority to engage in enforcement activities, issue guidance, and orders.”
At the respective requests of Delegate Summers, and by unanimous consent, the bill (S. B. 3026) 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, and requested the concurrence of the House of Delegates in the passage, of
S. B. 3030 - “A Bill to amend and reenact §23-5-12a of the Code of West Virginia, 1931, as amended; to amend and reenact §51-2A-24 of said code; to amend and reenact §51-11-3, §51-11-4, §51-11-6, and §51-11-8 of said code; and to amend and reenact §58-5-1 of said code, all relating to updating provisions establishing the Intermediate Court of Appeals; correcting a citation respecting right to seek review by the Supreme Court of Appeals of a final decision of the Intermediate Court of Appeals with respect to workers’ compensation claims; providing that appeals of judgements or final orders entered by family courts in domestic violence proceedings must first be made to circuit court; providing for circuit court jurisdiction over appeals of judgements or final orders entered by family courts in domestic violence proceedings; removing language establishing Intermediate Court of Appeals as a court of record; modifying prohibition on sitting Intermediate Court of Appeals Judges to retain seat upon becoming a candidate or pre-candidate for any nonjudicial, elected public office; authorizing Intermediate Court of Appeals to be located in a fixed or virtual location; providing an exception to appellate jurisdiction of the Intermediate Court of Appeals with respect to final judgments or final orders issued by family courts in domestic violence proceedings; excluding from the appellate jurisdiction of the Intermediate Court of Appeals all appeals of judgments or final orders issued by family courts in domestic violence proceedings; authorizing individuals appointed to serve as judges of the Intermediate Court of Appeals to take oath and commence duties on or before July 1, 2022, but no earlier than May 1, 2022; authorizing contractual arrangements for use of facilities by Intermediate Court of Appeals to include physical or virtual spaces; correcting a citation respecting right to seek review by the Supreme Court of Appeals of a final decision of the Intermediate Court of Appeals; and making other technical corrections.”
Unanimous consent having been obtained, reference of the bill (S. B. 3030) 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, leaves of absence for the day were granted Delegates Brown, Griffith, Pack and Statler.
Miscellaneous Business
Delegate Howell noted to the Clerk that he was absent when the vote was taken on Roll Nos. 785 and 786, and had he been present, he would have voted “Yea” thereon.
At 1:19 p.m., the House of Delegates adjourned until 9:00 a.m., Friday, October 15, 2021.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470