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Friday, October 15, 2021
FIFTH 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 Thursday, October 14, 2021, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
Pursuant to the action of the Committee on Rules, Delegate Summers announced that all bills, except S. B. 3018 and H. B. 335, on Third Reading, Special Calendar had been transferred to the House Calendar; and H. B. 335, on Third Reading, Special Calendar had been moved to the foot of all bills.
Messages from the Executive
A Proclamation of His Excellency, the Governor, amending the Proclamation convening the Legislature in extraordinary session, was read by the Clerk as follows:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
I, JIM JUSTICE, by virtue of the authority vested in the Governor by Section 7, Article VII, of the Constitution of West Virginia, do hereby AMEND the proclamation dated October 8, 2021, as amended, 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-seven and thirty-eight, as follows:
THIRTY-SEVENTH: To make 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, to the Department of Economic Development, Department of Economic Development – Office of the Secretary, fund 0256, fiscal year 2022, organization 0307, by Directed Transfer, appropriation 70000, in the amount of $10,000,000, 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.
THIRTY-EIGHTH: To make a supplementary appropriation of federal funds out of the Treasury from the balance of federal monies remaining unappropriated for the fiscal year ending June 30, 2022, to the Governor’s Office, Coronavirus State Fiscal Recovery Fund, fund 8823, fiscal year 2022, organization 0100, by Directed Transfer, appropriation 70000, in the amount of $90,000,000, 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.
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 Fifteenth day
of October, in the year of our Lord, Two Thousand Twenty-One, and in the One
Hundred Fifty-Ninth year of the State.
Governor.
By the Governor
Mac Warner,
Secretary of State.
Motions
On motion of Delegate Summers, S. B. 3033, still being in possession of the Clerk, was taken up for further consideration.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 825), 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: Barach, Fleischauer and Hansen.
Absent and Not Voting: Booth, Higginbotham, Pack and Toney.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3033) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Bills Introduced
Bills were introduced, pursuant to House Rule 92, and severally referred as follows:
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 337 - “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, 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 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.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 338 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal monies remaining unappropriated for the fiscal year ending June 30, 2022, to the Governor’s Office, Coronavirus State Fiscal Recovery Fund, fund 8823, fiscal year 2022, organization 0100, 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
S. B. 3018, Making supplemental appropriation to State Department of Education; 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. 826), and there were—yeas 70, nays 26, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Barach, Boggs, Brown, Dean, Diserio, Doyle, Evans, Ferrell, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Paynter, Pethtel, Pushkin, Reynolds, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Booth, Higginbotham, Pack and Toney.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3018) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 827), and there were—yeas 73, nays 23, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Barach, Boggs, Brown, Diserio, Doyle, Evans, Ferrell, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Booth, Higginbotham, Pack and Toney.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3018) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading
S. B. 3026, Relating to review, approval, disapproval, or amendment of local boards of health rules by county commission or county board of education; 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. 828), and there were—yeas 78, nays 18, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Boggs, Brown, Doyle, Evans, Fleischauer, Garcia, Hanna, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Rowe, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Booth, Higginbotham, Pack and Toney.
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. 829), and there were—yeas 81, nays 15, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Bruce, Fast, Fleischauer, Garcia, Griffith, Hansen, Longanacre, Mandt, Martin, Paynter, Pethtel, Thompson, Walker, Westfall and Zukoff.
Absent and Not Voting: Booth, Higginbotham, Pack and Toney.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 3026) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 830), and there were—yeas 88, nays 8, absent and not voting 4, with the nays and the absent and not voting being as follows:
Nays: Evans, Fast, Fleischauer, Griffith, Hansen, Thompson, Walker and Zukoff.
Absent and Not Voting: Booth, Higginbotham, Pack and Toney.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 3026) 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. 3030, Updating provisions establishing Intermediate Court of Appeals; 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. 831), and there were—yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Booth, Higginbotham and Pack.
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. 832), and there were—yeas 93, nays 4, absent and not voting 3, with the nays and the absent and not voting being as follows:
Nays: Bruce, Martin, Miller and Paynter.
Absent and Not Voting: Booth, Higginbotham and Pack.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 3030) passed.
On motion of Delegate Capito, the title of the bill was amended to read as follows:
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 additional physical spaces or virtual platforms; 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.”
Delegate Summers moved that the bill take effect from its passage which subsequently was withdrawn.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
- continued -
H. B. 335, Relating to COVID-19 immunizations requirements for employment in the public and private sectors; on third reading, having been moved to the foot of bills by the Committee on Rules, was read a third time.
During the debate on the bill, Delegate Martin moved the previous question, which demand was sustained.
On this question, the yeas and nays were taken (Roll No. 833), and there were—yeas 10, nays 87, absent and not voting 3, with the yeas and the absent and not voting being as follows:
Yeas: Burkhammer, Clark, Cooper, Hanna, Martin, Mazzocchi, McGeehan, Miller, Paynter and Phillips.
Absent and Not Voting: Booth, Higginbotham and Pack.
So, a majority of the members present not having voted in the affirmative, the motion was rejected.
Delegate Boggs requested to be excused from voting under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons of five or greater and directed the Member to vote.
Pursuant to House Rule 43, the following pairings were filed and announced by the Clerk:
Paired:
Yea: Booth Nay: Lovejoy
Nays: Anderson, Barach, Bates, Boggs, Criss, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, J. Kelly, Pethtel, Pushkin, Reed, Rohrbach, Rowe, Skaff, Storch, Thompson, Walker, Westfall, Williams, Young, Zukoff and Hanshaw (Mr. Speaker).
Absent and Not Voting: Higginbotham and Pack.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 335) passed.
Delegate Summers moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 835), and there were, including pairs—yeas 70, nays 28, absent and not voting 2, with the paired, nays and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairings were filed and announced by the Clerk:
Paired:
Yea: Booth Nay: Storch
Nays: Barach, Bates, Boggs, Brown, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Pethtel, Pushkin, Reed, Rohrbach, Rowe, Skaff, Thompson, Walker, Westfall, Williams, Young, Zukoff and Hanshaw (Mr. Speaker).
Absent and Not Voting: Higginbotham and Pack.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 335) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Executive
A Proclamation of His Excellency, the Governor, amending the Proclamation convening the Legislature in extraordinary session, was read by the Clerk as follows:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
I, JIM JUSTICE, by virtue of the authority vested in the Governor by Section 7, Article VII, of the Constitution of West Virginia, do hereby AMEND the proclamation dated October 8, 2021, as amended, 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 item thirty-nine, as follows:
THIRTY-NINTH: To authorize and appropriate public funds sufficient to pay for this Extraordinary Session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the
Capitol in the City of Charleston, State of West Virginia, this Fifteenth 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.
At 11:58 p.m., on motion of Delegate Summers, the House of Delegates recessed until 4:00 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 Seventh Order of Business for the purpose of introducing and considering a resolution.
Resolutions Introduced
Delegate Hanshaw (Mr. Speaker) offered the following resolution, which was reported by the Clerk:
H. C. R. 301 - “Authorizing adjournments of the Senate and House of Delegates.”
Resolved by the Legislature of West Virginia:
That during this Third Extraordinary Session of the Legislature in 2021, both the Senate and House of Delegates are hereby authorized to adjourn, as needed, for more than three days, pursuant to Section 23, Article VI of the Constitution of the State of West Virginia.
At the respective requests of Delegate Summers, and by unanimous consent, reference of the resolution (H. C. R. 301) to a committee was dispensed with, and it was taken up for immediate consideration, and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Executive
A Proclamation of His Excellency, the Governor, amending the Proclamation convening the Legislature in extraordinary session, was read by the Clerk as follows:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
I, JIM JUSTICE, by virtue of the authority vested in the Governor by Section 7, Article VII, of the Constitution of West Virginia, do hereby AMEND the proclamation dated October 8, 2021, as amended, 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 adding item forty, as follows:
FORTIETH: To amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated as § 31G-1A-7, related to the creation of the Broadband Development Fund and providing for the administration of the fund, sources of funding, and the purpose of expenditures.
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 Fifteenth 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.
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. 337, Making supplementary appropriation to the Department of Economic Development, Office of the Secretary,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 337 – “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, 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 Chapter 11, Acts of the Legislature, Regular Session, 2021, known as the budget bill for the fiscal year ending June 30, 2022,”
And,
H. B. 338, Making supplementary appropriation of federal funds to the Governor’s Office, Coronavirus State Fiscal Recovery Fund,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 338 – “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal monies remaining unappropriated for the fiscal year ending June 30, 2022, to the Governor’s Office, Coronavirus State Fiscal Recovery Fund, fund 8823, fiscal year 2022, organization 0100, 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,”
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Summers, and by unanimous consent, the bills (Com. Sub. for H. B. 337 and Com. Sub. for H. B. 338) were each taken up for immediate consideration, read a first time and ordered to second reading.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Espinosa, Linville, Rowan, Riley, Hott, Rohrbach, Ellington, Statler, D. Jeffries, Boggs, and Hornbuckle:
H. B. 339 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31G-1A-7, relating to creating the Broadband Development Fund; providing for the administration of the fund, sources of funding for the fund, and the purposes for expenditures from the fund; authorizing expenditures from the fund from collections and pursuant to legislative appropriations; and requiring certification of projects to Joint Committee on Government and Finance prior to expenditures.”
At the respective requests of Delegate Summers, and by unanimous consent, the bill (H. B. 339) 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 Booth and Pack.
Miscellaneous Business
Pursuant to House Rule 132, unanimous consent was requested and obtained to print the remarks of the following in the Appendix to the Journal:
- Delegate Kimble regarding H. B. 335
At 4:19 p.m., Friday, October 18, 2021, the House of Delegates adjourned pursuant to H. C. R. 301, until the call of the Speaker.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470