IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed. West Virginia Legislature
Journal of the House of Delegates
Eighty-Sixth Legislature
First Extraordinary Session
____________________________________________________________________________
Charleston, Sunday, August 6, 2023
[Delegate Hanshaw, Mr. Speaker, in the Chair]
Pursuant to the Proclamation of His Excellency, the Governor, issued the sixth day of August 2023, calling the Legislature to convene in Extraordinary Session at 4:00 PM on Sunday, August 6, 2023, the House of Delegates subsequently assembled in its Chamber in the Capitol Building in the City of Charleston, and was called to order by the Speaker, the Honorable Roger Hanshaw.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
PHONE (304) 340-3200
My dear colleagues,
It is with a heavy heart that I pen these words, but I do so with a sense of purpose and conviction. While this decision has not come easily, it is the result of much soul-searching and prayer, as I have sought to discern the path that God has set before me. I have made the decision to tender my resignation to the West Virginia State Legislature, effective April 10, 2023.
I began this journey six years ago, standing in a growing crowd that gathered to grieve together after the horrors of Charlottesville. It was at that moment, standing with my youngest King among so many others who desired to make change, that I made the decision to use the gifts God had given me to stand up and speak out.
But as we all know — words without works are a waste.
So I marched. I protested. I volunteered. I listened.
And then I did something I never thought I could do. I submitted my paperwork to run for the House of Delegates. And in doing so, I challenged myself, and ultimately my party and my state to rethink what was possible — and with the help of countless constituents who believed in our vision for a better world — I won. In the years since, I have tirelessly served and continuously shown up for the most vulnerable voices in our state. I have advocated alongside others for policies that would give our communities a hand up, that would provide the people of this great state better and fairer opportunities - because
Mountaineers are not free until ALL of us are free. And while I have done all I can to move things forward, I recognize the limitations of our current political landscape, and seek a new pathway for change.
I am keenly aware of the challenges that lie ahead for me as I move forward into a familiar, but new, territory as the Executive Director with the ACLU of West Virginia. But I am convinced that this is the right decision - the necessary decision - if I am to fulfill the purpose for which I was put on this earth — to do the work in whatever way brings about a better world for us all. And so, with courage and determination, I will push forward, trusting in the goodness and mercy of the Almighty to guide me every step of the way.
Thank you for the opportunities and the experiences that I have gained during my time here. I leave with the hope that we will all continue to work together towards a brighter and more just future for all West Virginians.
One Love,
Delegate Danielle Walker
District 81
Monongalia County
State of West Virginia
Jim Justice
Governor of West Virginia
April 26, 2023
The Honorable Mac Warner
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Warner:
Pursuant to W. Va. Code § 3-10-5, I have this day appointed Anita Hamilton, Morgantown, Monongalia County, as a Delegate representing the Eighty-First District of the House of Delegates, to fill the vacancy created by the resignation of the Honorable Danielle Walker.
Sincerely,
Jim Justice,
Governor.
The Clerk announced that Delegate Hamilton had taken the oath of office on May 5, 2023.
May 12, 2023
The Honorable Roger Hanshaw
Speaker, West Virginia House of Delegates
West Virginia Capitol Complex
1900 Kanawha Blvd East, Building 1, Room 228-M
Charleston WV 25305
Dear Speaker Hanshaw:
Please accept this letter to represent my official resignation from the West Virginia House of Delegates, effective May 19, 2023. After a great deal of thought, prayer, and discussion with my family, I have decided to pursue and accept a private-sector employment opportunity that will not allow me to continue service in the legislature.
It has been my honor and privilege to serve the people of Ohio County over the past thirteen years, in both the 3 rd & 4th districts. I am grateful to the people who sent me to serve for them for the trust they placed in me. As l reflect on my time within our legislative body, I am thankful for the time I had participating in the process, the contributions I was able to offer on behalf of the people of my district, and the trust placed in me by you and your leadership team.
I will forever treasure the friendships made and have enjoyed serving with you and all my fellow legislators. I love and will miss you all! Best wishes as you continue to make West Virginia the best place to live, work, and raise a family.
Very truly yours,
Erikka Storch
Delegate — District 4
State of West Virginia
Jim Justice
Governor of West Virginia
April 26, 2023
The Honorable Mac Warner
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Warner:
Pursuant to W. Va. Code § 3-10-5, I have this day appointed Diana Winzenreid, Wheeling, Ohio County, as a Delegate representing the Fourth District of the House of Delegates, to fill the vacancy created by the resignation of the Honorable Erikka Storch.
Sincerely,
Jim Justice,
Governor.
The Clerk announced that Delegate Winzenreid had taken the oath of office on June 7, 2023.
Delegate Householder arose to suggest the absence of a quorum, the Clerk opened the machine for the roll to be taken (Roll No. 790), and 79 members being present, the Speaker declared the presence of a quorum. The absent being as follows:
Absent: Anderson, Coop-Gonzalez, Cooper, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kimble, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ridenour, Ross, Steele, Westfall and Williams.
Note: Delegates Anderson, Kimble, Ridenour and Williams arrived later in the session.
On motion of Delegate Householder, the Clerk was authorized to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation by which it had been called together.
On motion of Delegate Householder, the Clerk was authorized to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation.
Messages from the Executive
The following Proclamation of His Excellency, the Governor, convening the Legislature in extraordinary session, was laid before the House of Delegates and read by the Clerk:
I, JIM JUSTICE, by virtue of the authority vested in the Governor by Section 7, Article VII, of the Constitution of West Virginia, do hereby call the West Virginia Legislature to convene in Extraordinary Session at 4:00 PM on Sunday, August 6, 2023, in its chambers in the State Capitol, the City of Charleston, for the limited purpose of considering and acting upon only the following matters:
FIRST: To amend §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to combining the totals of the Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund - Part B when determining surplus deposit eligibility and limiting the amount of surplus deposited into the Revenue Shortfall Reserve Fund when deposits reach a certain ratio.
SECOND: 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, by adding a new item of appropriation and increasing the expenditure of public moneys to the Department of Revenue, Office of the Secretary, fund 0465, fiscal year 2024, organization 0701, in the amount of $12,462,568, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRD: To supplement and amend 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 Department of Homeland Security, Division of Corrections and Rehabilitation - West Virginia Parole Board, fund 0440, fiscal year 2024, organization 0608, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Central Office, fund 0446, fiscal year 2024, organization 0608, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Correctional Units, fund 0450, fiscal year 2024, organization 0608, and to the Department of Homeland Security, Division of Corrections and Rehabilitation – Bureau of Juvenile Services, fund 0570, fiscal year 2024, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
FOURTH: To make a supplementary appropriation of public moneys out of the Treasury from the balances of moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Parolee Supervision Fees, fund 6362, fiscal year 2024, organization 0608, and to the Department of Homeland Security, Division of Corrections and Rehabilitation –Regional Jail and Correctional Facility Authority, fund 6675, fiscal year 2024, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
FIFTH: To supplement and amend 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 Department of Administration, Public Employees Insurance Agency, fund 0200, fiscal year 2024, organization 0225, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Correctional Units, fund 0450, fiscal year 2024, organization 0608 and to the Department of Homeland Security, Division of Corrections and Rehabilitation – Bureau of Juvenile Services, fund 0570, fiscal year 2024, organization 0608 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
SIXTH: To amend §17B-2-1c of the Code of West Virginia, 1931, as amended, relating to temporary identification cards for released inmates, to clarify that the temporary identification cards are to be issued at no cost to the inmate, and to extend the period of validity of the temporary identification cards.
SEVENTH: To amend §15A-3-16 of the Code of West Virginia, 1931, as amended, relating to regional jail per diem fees, to require certain municipalities to reimburse responsible county for up to five days of regional jail per diem fees when municipality incarcerates individuals for offenses that could have been prosecuted in municipal court but were prosecuted in magistrate court, and to make technical corrections.
EIGHTH: To amend §§62-1C-1a and 62-1C-2 of the Code of West Virginia, 1931, relating to pretrial release, to clarify the right to pretrial release, to clarify the maximum bail amount for charges for multiple misdemeanor offenses, to require prosecuting attorneys to report on persons held in custody for certain period, to request reports from Supreme Court of Appeals, to revise the definition of “bail,” to establish that a defendant has the right to select method of securing bail, to clarify that personal recognizance bonds shall include an unsecured monetary amount, to authorize judicial officers to impose reasonably necessary conditions to assure a defendant will appear as required, including releasing defendant on his or her own recognizance, and to make technical corrections.
NINTH: To amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15A-4-13a, relating to inmate medical care, to prohibit the use of state funds for certain procedures or benefits that are not medically necessary for persons in the custody of the commissioner, to authorize the commissioner to establish rules, policies, or regulations relating to certain levels of care, and to define terms.
TENTH: To amend §§62-12-28 and 62-12-29 of the Code of West Virginia, 1931, as amended, relating to pretrial release programs, to authorize the Supreme Court of Appeals to develop pretrial release programs in all circuits, to request the Court to develop an electronic pretrial court date reminder system, and to require the community supervision committee of the administrative office of the Court to make a recommendation for the development of an electronic pretrial court date reminder system.
ELEVENTH: To amend §15A-3-4 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Commissioner of the Division of Corrections and Rehabilitation, to authorize the commissioner to require certain agreements with employees for reimbursement of training costs under certain conditions, to clarify that the transportation of inmates for court appearances is subject to the rules of the Supreme Court of Appeals, and to authorize the commissioner to cooperate with the Supreme Court of Appeals in developing a comprehensive transportation plan.
TWELFTH: To amend and reenact §§48-13-301, 48-13-403, 48-13-404, and 48-13-502 of the Code of West Virginia, 1931, as amended, to correct errors in the table of monthly basic child support obligations, to correct citations, and to correct worksheets for calculating basic child support obligation in line with provisions of the West Virginia Code.
THIRTEENTH: To repeal, amend, and create sections of West Virginia Code, 1931, as amended, relating to making West Virginia an agreement state with the United States Nuclear Regulatory Commission, transferring authority and responsibility for sources of radiation from other state agencies to the Department of Environmental Protection, and establishing a comprehensive regulatory system for the control of sources of radiation for the protection of the public and the environment, and other matters relating thereto.
FOURTEENTH: To supplement and amend appropriations of public moneys out of the Treasury in the State Fund, General Revenue, by decreasing an existing item of appropriation to the Department of Administration, Public Employees Insurance Agency, fund 0200, fiscal year 2024, organization 0225, in the amount of $71,373,750, by supplementing and amending appropriations for the fiscal year ending June 30, 2024.
FIFTEENTH: To supplement and amend 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 Department of Education, State Board of Education – State Aid to Schools, fund 0317, fiscal year 2024, organization 0402, in the amount of $55,847,110, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
SIXTEENTH: To supplement and amend Chapter 11, Acts of the Legislature, Regular Session, 2023, known as the budget bill, in Title II from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Education, State Board of Education – State Aid to Schools, fund 0317, fiscal year 2024, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024, by increasing and decreasing items of appropriation.
SEVENTEENTH: To supplement and amend 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 Higher Education Policy Commission, Marshall University, General Administration Fund, fund 0348, fiscal year 2024, organization 0471, in the amount of $45,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
EIGHTEENTH: To supplement and amend 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 Department of Education, State Board of Education, State Department of Education, fund 0313, fiscal year 2024, organization 0402, in the amount of $1,800,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
NINETEENTH: To supplement and amend 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 West Virginia State Senate, fund 0165, fiscal year 2024, organization 2100, to the West Virginia House of Delegates fund 0170, fiscal year 2024, organization 2200, and to Joint Expenses, fund 0175, fiscal year 2024, organization 2300 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
TWENTIETH: To amend §7-22-9 of the Code of West Virginia, 1931, as amended, relating to authorizing the Mercer County Commission to levy a special district excise tax, to authorize the special district excise tax for the benefit of The Ridges Economic Opportunity Development District and to set forth the land area within the special district subject to the special district excise tax.
TWENTY-FIRST: To amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-5B-1 and §7-5B-2, and to amend §33-3-33 of said Code, all relating to funding certain first responders, to create special revenue funds administered by the Secretary of Homeland Security, to grant rulemaking authority, to define terms, to require the State Fire Marshal to provide certain information to the State Treasurer, and to require that volunteer fire departments eligible to receive funds implement the State Auditor’s West Virginia Checkbook fiscal reporting system.
TWENTY-SECOND: To supplement and amend 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 Department of Homeland Security, Division of Emergency Management, fund 0443, fiscal year 2024, organization 0606, in the total amount of $12,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
TWENTY-THIRD: To make a supplementary appropriation of public moneys out of the Treasury from the balances of moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Homeland Security, Division of Emergency Management, Growth County Fire Protection Fund, fund xxxx, fiscal year 2024, organization 0606, in the amount of $3,000,000, and to the Department of Homeland Security, Division of Emergency Management, County Fire Protection Fund, fund xxxx, fiscal year 2024, organization 0606, in the amount of $3,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
TWENTY-FOURTH: To amend § 20-1-19 of the Code of West Virginia, 1931, as amended, to officially designate Summersville Lake as a state park.
TWENTY-FIFTH: To amend §11-13MM-10 of the Code of West Virginia, 1931, as amended, to clarify that certain payments paid prior to the effective date of the tax credits for property taxes paid on certain species of property are eligible for the tax credits created in House Bill 2526 during the 2023 Regular Session.
TWENTY-SIXTH: To supplement and amend 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 Department of Transportation – Division of Highways, fund 0620, fiscal year 2024, organization 0803, in the amount of $150,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
TWENTY-SEVENTH: To supplement, amend, and increase existing items of appropriation from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2024, organization 0803, in the total amount of $150,000,000, for the fiscal year ending June 30, 2024.
TWENTY-EIGHTH: To supplement and amend 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 Governor’s Office – Civil Contingent Fund, fund 0105, fiscal year 2024, organization 0100, in the total amount of $210,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
TWENTY-NINTH: To supplement and amend Chapter 11, Acts of the Legislature, Regular Session, 2023, known as the budget bill, as amended, in Title II from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Economic Development – Office of the Secretary, fund 0256, fiscal year 2024, organization 0307, in the amount of $25,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRTIETH:To supplement and amend 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 Department of Administration, Office of Technology, fund 0204, fiscal year 2024, organization 0231, in the amount of $2,000,000, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2023, known as the Budget Bill for the fiscal year ending June 30, 2024.
THIRTY-FIRST: To supplement and amend 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 Department of Administration – Division of General Services, fund 0230, fiscal year 2024, organization 0211, in the amount of $175,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRTY-SECOND: To supplement and amend 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 Department of Commerce – Division of Forestry, fund 0250, fiscal year 2024, organization 0305, in the amount of $4,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRTY-THIRD: To make 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, 2024, to the Department of Commerce, Geological and Economic Survey, fund 8704, fiscal year 2024, organization 0306, in the amount of $2,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRTY-FOURTH: To supplement and amend 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 Department of Arts, Culture, and History, Division of Culture and History, fund 0293, fiscal year 2024, organization 0432, in the total amount of $4,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRTY-FIFTH: To supplement and amend 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 Department of Environmental Protection, Division of Environmental Protection, fund 0273, fiscal year 2024, organization 0313, in the amount of $8,242,100, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRTY-SIXTH: To supplement and amend 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 Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2024, organization 0310, in the amount of $2,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRTY-SEVENTH: To supplement and amend 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 Department of Veterans’ Assistance, fund 0456, fiscal year 2024, organization 0613, in the amount of $1,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRTY-EIGHTH: To supplement and amend 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 Miscellaneous Boards and Commissions, Adjutant General – State Militia, fund 0433, fiscal year 2024, organization 0603, in the total amount of $3,039,900, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
THIRTY-NINTH: To make a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Regional Jail and Correctional Facility Authority, fund 6675, fiscal year 2024, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
FORTIETH: To supplement and amend 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 Department of Health and Human Resources, fund 0525, fiscal year 2024, organization 0506, in the amount of $5,225,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
FORTY-FIRST: To supplement and amend 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 Attorney General, fund 0150, fiscal year 2024, organization 1500, in the amount of $2,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
FORTY-SECOND: To supplement and amend 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 Department of Homeland Security, West Virginia State Police, fund 0453, fiscal year 2024, organization 0612, in the amount of $1,000,000, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
FORTY-THIRD: To expire funds to the balance of the Department of Education, Vocational Consolidated Accounts Fund, fund 3945, fiscal year 2024, organization 0402, in the amount of $12,000,000, from the State Department of Education, fund 3517, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.
FORTY-FOURTH: To amend § 18B-3D-6 of the Code of West Virginia, 1931, as amended, to create a three-year pilot program to include Potomac State College of West Virginia University as an eligible institution for participation in the "Learn and Earn Program."
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 Sixth Day of August, in the Year of our Lord, Two Thousand Twenty-Three, and in the One Hundred Sixty-First Year of the State.
James Justice,
Governor.
By the Governor
Mac Warner,
Secretary of State.
The Speaker announced that the House would stand in recess pending an updated communication from the the Governor, and upon calling the House back to order, the following communication was reported by the Clerk:
STATE OF WEST VIRGINIA
Jim Justice
Governor of West Virginia
August 06, 2023
HOUSE EXECUTIVE MESSAGE NO. 1
2023 1st SPECIAL SESSION
The Honorable Roger Hanshaw
Speaker, West Virginia House of Delegates
Building 1, Room M-228
1900 Kanawha Boulevard, East Charleston, West Virginia 25305
Dear Speaker Hanshaw:
The following is the "FY 2024 Official Estimate General Revenue- Statement of Revenues by Source" which I submitted as revised to you on June 30, 2023 for the fiscal year ending June 30, 2024:
General Revenue Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2024
Official
Source of Revenue Estimate
Business and Occupation Tax $ 110,000
Consumers Sales and Use Tax 1,763,700
Personal Income Tax 2,004,000
Liquor Profit Transfers 26,500
Beer Tax and Licenses 7,000
Tobacco Products Tax (Cigarette & Other) 157,400
Business Franchise Fees 750
Property Transfer Tax 10,000
Property Tax 8,000
Insurance Tax 117,000
Departmental Collections 25,114
Corporate Income/Business Franchise Tax 210,000
Miscellaneous Transfers 2,000
Interest Income 38,900
Severance Tax 313,000
Miscellaneous Receipts 2,000
HB 102 - Lottery Transfers 65,000
Soft Drink Excise Tax 12,900
Liquor License Renewal 736
Senior Citizen Tax Credit Reimbursement 10,000
Total $ 4,884,000
The following amends and replaces the "General Revenue Fund- Statement of Revenues, Expenditures, and Changes in Cash Balance" which I submitted to you on January 11, 2023 for the fiscal year ending June 30, 2024:
General Revenue Fund
Statement of Revenues, Expenditures, and Changes in Cash Balance
(Nearest Dollar) ·
Actual Beginning Cash Balance July I, 2023 $2,884,813,151
Less: 31 Day Disbursements (July I, 2023 - July 31, 2023) (55,323,715)
Plus: Prior Year Reimbursements (July I, 2023 - July 31, 2023) 218,002
Less: Prior Year Appropriations Forwarded (797,995,917)
Less: Cash Balance - Adjustments and Accruals (443,404)
Accumulated Surplus from FY 2023 @ July 31, 2023 $2,031,268,117
Less: Transfer to Revenue Shortfall Reserve Fund (Statutory) $ (87,537,432)*
Less: FY 2024 Surplus Appropriations (FY 2023 Surplus)
(House Bill 2024) (Surplus Section) (2023 Regular Session) $(1,165,478,000)
Plus: Prior Year Reimbursements (August 1, 2023 - August 3, 2023 4,186
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session)
(Homeland Security) (State Police) (1,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Veterans' Assistance)
(Nursing Facility Replacement Beds) (1,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Department of Education)
(Minecraft/Gamechangers) (1,800,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Administration)
(Office of Technology-Review and Upgrades) (2,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Attorney General)
(Outside Counsel) (2,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Commerce)
(Natural Resources) (Improvements and Research) (2,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Corrections)
(One-time payment) (2,913,917)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Adjutant General)
(Projects) (3,039,900)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Commerce) (Forestry)
(Equipment) (4,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Arts, Culture & History)
(Natural Resource Exhibit/Semiquincentennial) (4,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (DHHR)
(Reimbursement Rates) (5,225,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (DEP)
(Reclamation and Remediation) (8,242,100)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Legislature)
(Technology Upgrades) (11,500,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Homeland Security and
Emergency Management) (Fire Protection) (12,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session)
(Economic Development Authority) (Building) (25,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Higher Education)
(Marshall University) (Cybersecurity Program) (45,000,000)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (Education)
(SAF PEIA Increase for 80/20 Plan) (55,847,110)
Less: FY 2024 Recommended Surplus Supplemental Appropriation
(2023 1st Extraordinary Session) (State Road Fund)
(Highways) (150,000,000)
Less: FY 2024 Recommended Surplus Supplemental
Appropriation (2023 Ist Extraordinary Session)
(Administration) (Co-located Lab) (175,000,000)
Less: FY 2024 Recommended Surplus Supplemental
Appropriation (2023 1st Extraordinary Session) (Executive)
(Civil Contingent Fund) (Grant Matching Funds) (210,000,000)
Total Estimated Unappropriated Surplus Balance
@August 8, 2023 $56,688,845
Plus: FY 2024 Revenue Estimate (as revised) $4,884,000,000
Less: FY 2024 Appropriations (FY 2024 Budget Bill)
(HB 2024) (2023 Regular Session) (4,874,572,614)
Plus: FY 2024 Recommended Supplemental Appropriation
(2023 1st Extraordinary Session) (PEIA Subsidy Reduction) 71,373,750
Less: FY 2024 Recommended Surplus Supplemental
Appropriation (2023 1st Extraordinary Session)
(Corrections) (Corrections CO Increase) (21,121,273)
Less: FY 2024 Recommended Surplus Supplemental
Appropriation (2023 1st Extraordinary Session)
(Rainy Day Fund Transfer) (12,462,568)
Less: FY 2024 Recommended Surplus Supplemental
Appropriation (2023 1st Extraordinary Session)
(Education) (PSSP Final Calculations) (1,536,677)
Estimated Unappropriated Balance from FY 2024
Activity @ June 30, 2024 $45,680,618
Total Estimated Balance @ June 30, 2024 $102,369,463
*Based on legislation modifying Rainy Day Fund calculations
The following amends and replaces the "FY 2024 Official Estimate" "State Road Fund - Statement of Revenues by Source'' which I submitted to you on January 11, 2023 as part of my Budget Document for the fiscal year ending June 30, 2024:
State Road Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2024
Official
Source of Revenue Estimate Revised
Motor Fuel Tax $437,500
Registration 155,000
Sales (Privilege) 285,000
Litter 1,700
Miscellaneous Revenue 210,000
Federal Reimbursement 641,300
Total State Road $1,730.500
Note: The Governor's official Revenue Estimate for Fiscal Year 2024 is revised upward by $150 million. The changes include an increase in the Miscellaneous Revenue estimate.
State Road Fund
Statement of Revenues, Expenditures,
and Changes in Cash Balance
(Nearest Dollar)
Cash and Investment Balance - July 1, 2022 $128,465,074
Plus: FY 2023 Collections 1,706,663,811
Total Estimated Receipts and Balance: $1,835,128,885
Less: FY 2023 Actual Expenditures:
Division of Highways $(1,607,084,334)
Division of Motor Vehicles (52,023,609)
Industrial Access Road Transfer (1,465,684)
Cash Balance @ June 30, 2023 $174,555,258
Plus: Revenue Estimate - FY 2024 $1,577,500,000
Less: FY 2024 Appropriations (HB 2024) (Budget Bill) (Highways) (1,630,574,687)
Less: FY 2024 Appropriations (HB 2024) (Budget Bill)
(Division of Motor Vehicles) (66,692,527)
Less: FY 2024 Appropriations (HB 2024) (Budget Bill)
(Claims Against the State) (515,660)
Plus: FY 2024 Revenue Revision (2023 1st Extraordinary Session) 150,000,000
Less: FY 2024 Recommended Supplemental Appropriation
(2023 1st Extraordinary Session) (150,000,000)
Estimated Unappropriated Balance @ June 30, 2024 $54,272,384
Thank you for your cooperation in this matter.
Sincerely,
Jim Justice
Governor
Bills Introduced
The following bills were introduced:
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 101 - “A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to combining the totals of the Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund – Part B when determining surplus deposit eligibility; limiting the amount of surplus deposited into the Revenue Shortfall Reserve Fund; and providing for an effective date."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 101) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 102 - “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, by adding a new item of appropriation and increasing the expenditure of public moneys to the Department of Revenue, Office of the Secretary, fund 0465, fiscal year 2024, organization 0701, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 102) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Kelly and Skaff
[By Request of the Executive]:
H. B. 103 - “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 Department of Homeland Security, Division of Corrections and Rehabilitation - West Virginia Parole Board, fund 0440, fiscal year 2024, organization 0608, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Central Office, fund 0446, fiscal year 2024, organization 0608, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Correctional Units, fund 0450, fiscal year 2024, organization 0608 and to the Department of Homeland Security, Division of Corrections and Rehabilitation – Bureau of Juvenile Services, fund 0570, fiscal year 2024, organization 0608 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 103) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Kelly and Skaff
[By Request of the Executive]:
H. B. 104 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balances of moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Parolee Supervision Fees, fund 6362, fiscal year 2024, organization 0608, and to the Department of Homeland Security, Division of Corrections and Rehabilitation – Regional Jail and Correctional Facility Authority, fund 6675, fiscal year 2024, organization 0608 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 104) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Kelly and Skaff:
H. B. 105 - “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 Corrections and Rehabilitation – Correctional Units, fund 0450, fiscal year 2024, organization 0608 and to the Department of Homeland Security, Division of Corrections and Rehabilitation – Bureau of Juvenile Services, fund 0570, fiscal year 2024, organization 0608 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 105) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Kelly and Skaff
[By Request of the Executive]:
H. B. 106 - “A Bill to amend and reenact §17B-2-1c of the Code of West Virginia, 1931, as amended, relating to temporary identification cards for released inmates; clarifying that the temporary identification cards are issued at no cost to the inmate; and extending the period of validity of the temporary identification cards."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 106) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.
By Delegates Kelly and Skaff
[By Request of the Executive]:
H. B. 107 - “A Bill to amend and reenact §15A-3-16 of the Code of West Virginia, 1931, as amended, relating to regional jail per diem fees; requiring certain municipalities to reimburse responsible county for up to five days of regional jail per diem fees when municipality incarcerates individuals for offenses that could have been prosecuted in municipal court but were prosecuted in magistrate court; and making technical corrections.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 107) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.
By Delegates Kelly and Skaff
[By Request of the Executive]:
H. B. 108 - “A Bill to amend and reenact §62-1C-1a and §62-1C-2 of said Code, all relating to pretrial release; clarifying right to pretrial release; clarifying maximum bail amount for charges for multiple misdemeanor offenses; requiring prosecuting attorneys to report on persons held in custody for certain period; requesting reports from Supreme Court of Appeals; revising definition of ‘bail’; establishing that defendant has right to select method of securing bail; clarifying that personal recognizance bonds shall include an unsecured monetary amount; authorizing judicial officer to impose reasonably necessary conditions to assure defendant will appear as required, including releasing defendant on his or her own recognizance; and making technical corrections.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 108) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.
By Delegates Kelly and Skaff
[By Request of the Executive]:
H. B. 109 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15A-4-13a, relating to inmate medical care; prohibiting the use of state funds for certain procedures or benefits that are not medically necessary for persons in the custody of the commissioner; authorizing the commissioner to establish rules, policies, or regulations relating to certain levels of care; and defining terms.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 109) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.
By Delegates Kelly and Skaff
[By Request of the Executive]:
H. B. 110 - “A Bill to amend and reenact §62-12-28 and §62-12-29 of the Code of West Virginia, 1931, as amended, all relating to pretrial release programs; authorizing Supreme Court of Appeals to develop pretrial release programs in all circuits; requesting court to develop electronic pretrial court date reminder system; and requiring community supervision committee of administrative office of the court to make recommendation for development of electronic pretrial court date reminder system.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 110) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.
By Delegates Kelly and Skaff
[By Request of the Executive]:
H. B. 111 - “A Bill to amend and reenact §15A-3-4 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Commissioner of the Division of Corrections and Rehabilitation; authorizing commissioner to require certain agreements with employees for reimbursement of training costs under certain conditions; clarifying that transportation of inmates for court appearances is subject to rules of the Supreme Court of Appeals; and authorizing the commissioner to cooperate with the Supreme Court of Appeals in developing a comprehensive transportation plan.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 111) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 112 - “A Bill to amend and reenact §48-13-301, §48-13-403, §48-13-404, and §48-13-502 of the Code of West Virginia, 1931, as amended; all relating to child support guidelines; correcting errors, including monthly basic child support obligation amounts and citations; and updating worksheets for new student loan deduction."
At the respective requests of Delegate Householder, and by unanimous consent, the bill was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Householder 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. 791), and there were—yeas 76, nays 6, absent and not voting 18, with the nays and the absent and not voting being as follows:
Nays: Brooks, Butler, Foster, A. Hall, Hillenbrand and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ridenour, Ross, Steele and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 792), and there were—yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ridenour, Ross, Steele and Westfall.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 112) passed.
On motion of Delegate Householder, the title of the bill was amended to read as follows:
H. B. 112 - "A Bill to amend and reenact §48-13-301, §48-13-403, §48-13-404, and §48-13-502 of the Code of West Virginia, 1931, as amended; all relating to child support; adjusting monthly child support obligation amounts; correcting citations; and updating child support worksheets."
Delegate Householder 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 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ridenour, Ross, Steele 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. 112) 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.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 113 - “A Bill to repeal §16-27-1, §16-27-2, §16-27-3, and §16-27-4 of the Code of West Virginia, 1931, as amended; to repeal §16-34-1, §16-34-2, §16-34-3, §16-34-4, §16-34-5, §16-34-6, §16-34-7, §16-34-8, §16-34-9, §16-34-10, §16-34-11, §16-34-12, §16-34-13, and §16-34-14 of said code; to amend and reenact §16-1-7 of said code; to amend and reenact §18-9E-3 of said code; to amend said code by adding thereto a new article, designated §22-35-1, §22-35-2, §22-35-3, §22-35-4, §22-35-5, §22-35-6, §22-35-7, §22-35-8, §22-35-9, §22-35-10, §22-35-11, §22-35-12, §22-35-13, §22-35-14, §22-35-15, §22-35-16, §22-35-17, §22-35-18, §22-35-19, §22-35-20, and §22-35-21; to amend said code by adding thereto a new article, designated §22-37-1, §22-37-2, §22-37-3, §22-37-4, §22-37-5, §22-37-6, §22-37-7, §22-37-8, §22-37-9, §22-37-10, §22-37-11, §22-37-12, §22-37-13 and §22-37-14; and to amend and reenact §29-1H-3 and §29-1H-5 of said code, all relating to making West Virginia an agreement state with the United States Nuclear Regulatory Commission and transferring authority and responsibility for sources of radiation from other state agencies to the Department of Environmental Protection; establishing a comprehensive regulatory system for the control of sources of radiation for the protection of the public and the environment; creating the Radiation Control Act; providing for declaration of policy and purpose; providing for certain definitions; providing for exemptions; creating the Radiation Advisory Board; providing for the Board’s composition, authorities, duties, and for the compensation of members; providing that the Department of Environmental Protection is be designated as the state radiation control agency; providing for the Department’s duties, authorities, and requirements for consistency with federal law and regulations; providing for comprehensive programs and procedures to control radiation through general and specific licensing of radioactive materials and equipment; establishing rule making authority under the Department concerning radiation control; establishing licensing and registration requirements and procedures; establishing fee schedules, funding sources, and forms; transferring existing rules, licenses, policies, agreements, grants, and funding to the Department from other agencies; establishing procedures and requirements regarding radioactive materials and sureties; providing for a comprehensive program to regulate Radon, and its screening, testing, and mitigation; providing for the regulation of X-ray machines, and providing for reports, fees, and qualifications of inspectors; creating the Radiation Site Closure and Reclamation Fund with requirements and funding sources; creating the Radiation Licensure and Inspection Fund with requirements and funding sources; allowing for impounding sources of ionizing radiation; providing authority for the Governor and the Department to enter into agreements with the federal government, other states, or interstate agencies; defining effects on local ordinances; providing for administrative procedure and judicial review; defining enforcement procedures regarding violations of law; establishing civil penalties; establishing felonies with criminal penalties; providing for the licensure of radon mitigators, testers, contractors, and laboratories; providing for legislative findings; requiring radon licenses and providing requirements and exemptions; providing for record keeping, rulemaking, and confidentiality; transferring a special revenue fund and other funds to the Department; providing for suspension or revocation of licenses for programs concerning radon and other radioactive materials; continuing an existing misdemeanor with criminal penalties; and providing that the Secretary of the Department of Environmental Protection shall assume responsibilities under the Appalachian States Low-Level Radioactive Waste Compact."
At the respective requests of Delegate Householder, and by unanimous consent, the bill was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Householder 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. 794), and there were—yeas 79, nays 2, absent and not voting 19, with the nays and the absent and not voting being as follows:
Nays: A. Hall and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dean, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ridenour, Ross, Steele and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 795), and there were—yeas 77, nays 4, absent and not voting 19, with the nays and the absent and not voting being as follows:
Nays: Bridges, Dean, A. Hall and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ridenour, Ross, Steele, Westfall and Zatezalo.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 113) passed.
Delegate Householder moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 796), and there were—yeas 79, nays 2, absent and not voting 19, with the nays and the absent and not voting being as follows:
Nays: A. Hall and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dean, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ridenour, Ross, Steele 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. 113) 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.
By Delegates Hanshaw (Mr. Speaker) and Skaff:
H. B. 114 - “A Bill supplementing and amending appropriations of public moneys out of the Treasury in the State Fund, General Revenue, by decreasing an existing item of appropriation to the Department of Administration, Public Employees Insurance Agency, fund 0200, fiscal year 2024, organization 0225, by supplementing and amending appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (H. B. 114) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Householder 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. 797), and there were—yeas 81, nays 1, absent and not voting 18, with the nays and the absent and not voting being as follows:
Nays: A. Hall.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ridenour, Ross, Steele and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 798), and there were—yeas 81, nays 2, absent and not voting 17, with the nays and the absent and not voting being as follows:
Nays: Ridenour and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele 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. 114) passed.
Delegate Householder moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 799), and there were—yeas 81, nays 2, absent and not voting 17, with the nays and the absent and not voting being as follows:
Nays: Ridenour and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele 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. 114) 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.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 115 - “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 Department of Education, State Board of Education – State Aid to Schools, fund 0317, fiscal year 2024, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (H. B. 115) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Householder 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. 800), and there were—yeas 80, nays 3, absent and not voting 17, with the nays and the absent and not voting being as follows:
Nays: A. Hall, Ridenour and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 801), and there were—yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele 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. 115) passed.
Delegate Householder 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 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele 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. 115) 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.
By Delegates Hanshaw (Mr. Speaker) and Skaff:
H. B. 116 - “A Bill supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2023, known as the budget bill, in T1itle II from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Education, State Board of Education – State Aid to Schools, fund 0317, fiscal year 2024, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024 by increasing and decreasing items of appropriation; therefore."
At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (H. B. 116) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Householder 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. 803), and there were—yeas 78, nays 4, absent and not voting 18, with the nays and the absent and not voting being as follows:
Nays: Butler, A. Hall, Ridenour and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Rowe, Steele and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 804), and there were—yeas 82, nays 1, absent and not voting 17, with the nays and the absent and not voting being as follows:
Nays: Ridenour.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele 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. 116) passed.
Delegate Householder moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 805), and there were—yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele 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. 116) 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.
By Delegates Hanshaw (Mr. Speaker) and Skaff:
H. B. 117 - “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 Higher Education Policy Commission, Marshall University, General Administration Fund, fund 0348, fiscal year 2024, organization 0471 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
Delegate Householder, asked unanimous consent that the bill be taken up for immediate consideration, and read a first time, which consent was not granted, objection being heard.
Delegate Householder then so moved.
On this motion, the yeas and nays were taken (Roll No. 806), and there were—yeas 67, nays 16, absent and not voting 17, with the nays and the absent and not voting being as follows:
Nays: Bridges, Brooks, Burkhammer, Butler, Chiarelli, Dean, Foster, A. Hall, Jennings, Kimble, McGeehan, Phillips, Ridenour, Street, Vance and Ward.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele and Westfall.
So, two thirds of the members present having voted in the affirmative, the motion was adopted, and the bill was read a first time and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff:
H. B. 118 - “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 Department of Education, State Board of Education, State Department of Education, fund 0313, fiscal year 2024, organization 0402 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 118) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 119 - “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 West Virginia State Senate, fund 0165, fiscal year 2024, organization 2100, to the West Virginia House of Delegates fund 0170, fiscal year 2024, organization 2200, and to Joint Expenses, fund 0175, fiscal year 2024, organization 2300 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 119) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 120 - “A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to authorizing the Mercer County Commission to levy a special district excise tax; authorizing the special district excise tax for the benefit of The Ridges Economic Opportunity Development District; and setting forth the land area within the special district subject to the special district excise tax.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 120) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 121 - “A Bill amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-5B-1 and §7-5B-2; and to amend and reenact §33-3-33 of said code, all relating to funding certain first responders; creating a special revenue fund administered by the Secretary of Homeland Security for the benefit of counties with excess levies or dedicated fees related to emergency services; creating a special revenue fund administered by the Secretary of Homeland Security for the benefit of emergency services in certain counties exhibiting population increase; granting rulemaking authority; requiring the State Fire Marshal provide certain information to the State Treasurer before distribution of the Fire Protection Fund; and requiring that volunteer fire departments eligible to receive policy surcharge funds implement the State Auditor’s West Virginia Checkbook fiscal reporting system."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 121) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 122 - “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 Department of Homeland Security, Division of Emergency Management, fund 0443, fiscal year 2024, organization 0606 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 122) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 123 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balances of moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Homeland Security, Division of Emergency Management, Growth County Fire Protection Fund, fund xxxx, fiscal year 2024, organization 0606 and to the Department of Homeland Security, Division of Emergency Management, County Fire Protection Fund, fund xxxx, fiscal year 2024, organization 0606 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 123) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker), Skaff, Hanna and Tully
[By Request of the Executive]:
H. B. 124 - “A Bill to amend §20-1-19 of the Code of West Virginia, 1931, as amended, relating to establishing Summersville Lake State Park."
At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (H. B. 124) to a committee was dispensed, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Householder 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. 807), and there were—yeas 78, nays 3, absent and not voting 19, with the nays and the absent and not voting being as follows:
Nays: A. Hall, Ridenour and Vance.
Absent and Not Voting: Bridges, Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Linville, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 808), and there were—yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele and Westfall.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 124) passed.
Delegate Householder moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 809), and there were—yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent and Not Voting: Clark, Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele 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. 124) 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.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 125 - “A Bill to amend and reenact §11-13MM-10 of the Code of West Virginia, 1931, as amended to clarify that certain payments paid prior to the effective date of the tax credits for property taxes paid on certain species of property are eligible for the tax credits."
At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (H. B. 125) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Householder 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. 810), and there were—yeas 81, nays 2, absent and not voting 17, with the nays and the absent and not voting being as follows:
Nays: A. Hall and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and third reading.
The bill was read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 811), and there were—yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele and Westfall.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 125) passed.
Delegate Householder 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 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele 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. 125) 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.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 126 - “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 Department of Transportation – Division of Highways, fund 0620, fiscal year 2024, organization 0803, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 126) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 127 - “A Bill supplementing, amending and increasing existing items of appropriation from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2024, organization 0803, for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 127) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 128 - “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 Governor’s Office – Civil Contingent Fund, fund 0105, fiscal year 2024, organization 0100 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 128) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 129 - “A Bill supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2023, known as the budget bill, as amended, in Title II from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Economic Development – Office of the Secretary, fund 0256, fiscal year 2024, organization 0307, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 129) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 130 - “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 Department of Administration, Office of Technology, fund 0204, fiscal year 2024, organization 0231 by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2023, known as the Budget Bill for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 130) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 131 - “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 Department of Administration – Division of General Services, fund 0230, fiscal year 2024, organization 0211 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 131) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 132 - “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 Department of Commerce – Division of Forestry, fund 0250, fiscal year 2024, organization 0305 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 132) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 133 - “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, 2024, to the Department of Commerce, Geological and Economic Survey, fund 8704, fiscal year 2024, organization 0306, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 133) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 134 - “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 Department of Arts, Culture, and History, Division of Culture and History, fund 0293, fiscal year 2024, organization 0432, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 134) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 135 - “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 Department of Environmental Protection, Division of Environmental Protection, fund 0273, fiscal year 2024, organization 0313, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 135) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 136 - “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 Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2024, organization 0310 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 136) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 137 - “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 Department of Veterans’ Assistance, fund 0456, fiscal year 2024, organization 0613, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 137) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 138 - “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 Miscellaneous Boards and Commissions, Adjutant General – State Militia, fund 0433, fiscal year 2024, organization 0603, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 138) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 139 - “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, 2024, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Regional Jail and Correctional Facility Authority, fund 6675, fiscal year 2024, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 139) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 140 - “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 Attorney General, fund 0150, fiscal year 2024, organization 1500, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 140) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 141 - “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 Department of Homeland Security, West Virginia State Police, fund 0453, fiscal year 2024, organization 0612, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 141) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 142 - “A Bill expiring funds to the balance of the Department of Education, Vocational Consolidated Accounts Fund, fund 3945, fiscal year 2024, organization 0402, in the amount of $12,000,000, from the State Department of Education, fund 3517, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 142) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker) and Skaff
[By Request of the Executive]:
H. B. 143 - “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 Department of Health and Human Resources, fund 0525, fiscal year 2024, organization 0506 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."
At the respective requests of Delegate Householder, and by unanimous consent, the bill (H. B. 143) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
By Delegates Hanshaw (Mr. Speaker), Skaff and Howell
[By Request of the Executive]:
H. B. 144 - “A Bill to amend and reenact §18B-3D-6 of the Code of West Virginia, 1931, as amended, relating to creating a three-year pilot program to include Potomac State College of West Virginia University as an eligible institution for participation in the ‘Learn and Earn Program’.”
At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (H. B. 144) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Householder 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. 813), and there were—yeas 80, nays 3, absent and not voting 17, with the nays and the absent and not voting being as follows:
Nays: A. Hall, Ridenour and Vance.
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele and Westfall.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was read a second time, and ordered to engrossment and third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 814), and there were—yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele and Westfall.
So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (H. B. 144) passed.
Delegate Householder moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 815), and there were—yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele 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. 144) 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.
Leaves of Absence
At the request of Delegate Householder, and by unanimous consent, leaves of absence for the day were granted Delegates Cooper, Coop-Gonzalez, Dillon, Foggin, Griffith, Hamilton, Hott, Kelly, Kump, Longanacre, Marple, Martin, Pinson, Reynolds, Ross, Steele and Westfall.
At 7:25 p.m., Sunday, August 6, 2023, the House of Delegates adjourned until 12:00 noon, Monday, August 7, 2023.
HOUSE OF DELEGATES
STEPHEN J. HARRISON, Clerk
Building 1, Room M-212
1900 Kanawha Blvd., East
Charleston, WV 25305-0470